85 So. 3d 52
La.2012Background
- Defendant was charged by bill of information with simple burglary of a religious building and simple burglary; the offenses were severed for trial.
- The offenses were joined in a single proceeding; a 12-person jury convicted the defendant on a non-unanimous 10–2 verdict for the religious-building burglary.
- The defendant was sentenced to 12 years at hard labor without probation, parole, or suspension.
- The First Circuit reversed and remanded, noting the six-person jury offense had been tried in a 12-person forum.
- The Supreme Court granted the State’s writ to review and held that the defendant acquiesced by participating in selecting the 12‑person jury without objection, thus waiving relief on appeal.
- The Court ultimately reversed the court of appeal and remanded for consideration of the previously omitted assignments of error.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the six-person jury error in a twelve-person forum is reversible or subject to harmless-error analysis | State argues harmless-error analysis applies in Jones; error not per se reversible | Brown argues the non-unanimous, improper jury size harmed trial integrity | Harmless-error analysis governs; however waiver defeats relief on appeal |
| Whether respondent waived appellate relief by acquiescing in jury selection | State contends no waiver because error was structural | Brown contends lack of objection preserves rights | Waiver established; no reversal for the jury-size error on this basis |
| Whether Louisiana procedural default rules bar relief for jury-size error | State relies on default rules to deny relief | Brown argues exceptions may apply | Default rules apply; relief denied on failure to preserve error; case remanded for other assignments |
| Whether the case should be remanded for consideration of the previously pretermitted assignments of error | State seeks reinstatement and consideration of all issues | Brown seeks full review of all errors | Case remanded for consideration of the pretermitted assignments of error |
Key Cases Cited
- State v. Jones, 922 So.2d 508 (La. 2006) (establishes harmless-error treatment for six-in-one jury errors when joined with a 12‑person panel)
- State v. Nedds, 364 So.2d 588 (La. 1978) (jury verdict nullity when wrong number of jurors used (predecessor standard))
- State v. Smith, 367 So.2d 857 (La. 1979) (ex proprio motu error review for jury-size issues under Jones)
- State v. Gardner, 351 So.2d 105 (La. 1977) (arrest-of-judgment as a vehicle to raise certain trial errors without contemporaneous objection)
- State v. Thomas, 427 So.2d 428 (La. 1982) (recognizes narrow exceptions to contemporaneous-objection rule for certain fundamental rights)