STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT STATE OF LOUISIANA NO. 2020 KW 0330 VERSUS

CLAYTON WILSON AUGUST 17, 2020

In Re: Clayton Wilson, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 07- 15- 0442.

BEFORE: MCCLENDON, WELCH, AND HOLDRIDGE, JJ.

WRIT DENIED. In all respects, the claims presented by relator in the first application for postconviction relief are denied. Furthermore, relator' s claim that his conviction was obtained with an improperly constituted jury is waived by his failure to raise this issue in a pretrial motion to quash. See State v. Armentor, 2019-- 1267 ( La. App. 1st Cir. 7/ 31/ 20), So. 3d , 2020 WL 4381566, and State v. Thornton, 2019- 1029 La. App. 1st Cir. 7/ 23/ 20), So. 3d , 2020 WL 4218268.

PMC JEW

Holdridge, J., dissents. I would grant the writ for the reasons more fully expressed in my dissent in State v. Armentor, 2019- 1267 ( La. App. 1st Cir. 7/ 31/ 20), So. 3d , 2020 WL 4381566. We accept the fair -cross- section requirement as fundamental to the jury trial guaranteed by the Sixth Amendment and are convinced that the requirement has solid foundation. See La. Code Crim. P. art. 419( A); Taylor v. Louisiana, 419 U. S. 522, 530- 31, 95 S. Ct. 692, 697- 98, 42 L. Ed. 2d 690 ( 1975). Thus, the exclusions of all individuals who were born after June 2, 1993, from criminal juries in East Baton Rouge Parish excluded a large, identifiable segment of the community from jury participation. Said exclusion, especially for a criminal defendant who is a member of the excluded group, denies a defendant his fundamental right to a constitutionally guaranteed jury trial. See State v. Cannon, 2019- 590 ( La. 4/ 18/ 19), 267 So. 3d 585, 585- 86 ( per curiam). Therefore, I would remand this matter to the district court for a full evidentiary hearing on who was excluded, how many young people would be in the venire if they were not automatically excluded, and was relator denied a fair trial.

COURT OF APPEAL, FIRST CIRCUIT

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DEPUTY CLORWOF COURT FOR THE COURT