122 So. 3d 1028
La. Ct. App.2013Background
- Hankton was convicted of second degree murder of Darnell Stewart by a less-than-unanimous 10–2 jury verdict.
- He challenged the constitutionality of La. Const. art. I, § 17(A) and La.C.Cr.P. art. 782 A granting nonunanimous verdicts in certain cases.
- Hankton asserted two grounds: Sixth Amendment unanimity requirement and Equal Protection violation due to alleged racial animus in 1898 adoption.
- The trial court denied pretrial and evidentiary hearings; Hankton moved for new trial after verdict but offered no evidentiary proof.
- The court acknowledged Bertrand forecloses his Sixth Amendment claim and limited the Equal Protection challenge for lack of preserved record and evidentiary hearing.
- The court affirmed Hankton’s conviction and life sentence, noting the lack of preserved arguments and proper record for the Equal Protection claim.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Sixth Amendment unanimity is required for state felony trials | Hankton argues nonunanimous verdicts violate the Sixth Amendment. | Hankton relies on a nonunanimous framework contrary to Bertrand. | Unanimity not required; Bertrand controls; no relief. |
| Whether the Equal Protection challenge is preserved and meritorious | Hankton contends racial animus invalidates the nonunanimous provision. | State argues issue not preserved and evidence insufficient. | Not preserved for review; no relief. |
| Whether Hankton preserved entitlement to an evidentiary hearing on the Equal Protection challenge | Requests evidentiary hearing to develop record of racial motive. | Failure to request hearing or present proof bars review. | No preserved record; no evidentiary hearing required. |
Key Cases Cited
- State v. Bertrand, 6 So.3d 738 (La. 2009) (controls Sixth Amendment unanimity analysis for Louisiana)
- Hunter v. Underwood, 471 U.S. 222 (U.S. 1985) (racially motivated statutes analyzed under Arlington Heights framework)
- Arlington Heights v. Metropolitan Housing Dev. Corp., 429 U.S. 252 (U.S. 1977) (set framework for racial motive in enactments)
- Apodaca v. Oregon, 406 U.S. 404 (U.S. 1972) (upheld nonunanimous verdicts in some contexts)