302 So.3d 145
La. Ct. App.2020Background
- On August 10, 2014, Blair Taylor participated in a shooting on Burgundy Street in New Orleans; multiple victims were shot.
- A jury convicted Taylor of two counts of second-degree murder and five counts of attempted second-degree murder by 11–1 verdicts on each count.
- Taylor did not object to non‑unanimous verdicts at trial and initially did not raise the issue on direct appeal; he later raised it in an application for rehearing.
- While Taylor’s writ was pending, the U.S. Supreme Court decided Ramos v. Louisiana, holding non‑unanimous state felony verdicts unconstitutional and applicable to the states.
- The Louisiana Supreme Court granted review and remanded for this court to conduct an error‑patent review in light of Ramos and Griffith v. Kentucky.
- This court found the record disclosed an error patent: the non‑unanimous convictions are unconstitutional under Ramos, vacated the convictions and sentences, and remanded for further proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether non‑unanimous jury verdicts in state felony prosecutions are constitutionally permissible | Verdicts were valid under existing Louisiana law and precedent at the time of trial | Ramos holds non‑unanimous state felony verdicts violate the Sixth Amendment and apply to pending direct appeals | Ramos governs; non‑unanimous verdicts unconstitutional; convictions vacated and remanded |
| Whether an unpreserved non‑unanimous‑verdict claim must be considered on error‑patent review | Claim was waived by failure to object and not raised on direct appeal | Even if unpreserved, courts must review for error patent under La. C.Cr.P. art. 920(2) after Ramos; Ramos applies retroactively to pending direct review | Court conducted error‑patent review pursuant to remand and Griffith, found reversible error despite lack of preservation, vacated convictions |
Key Cases Cited
- Ramos v. Louisiana, 140 S. Ct. 1390 (2020) (holds non‑unanimous jury verdicts in state felony prosecutions violate the Sixth Amendment and apply to states via the Fourteenth Amendment)
- Griffith v. Kentucky, 479 U.S. 314 (1987) (new constitutional rules apply retroactively to cases pending on direct review)