State Of Louisiana v. Wilbert Kelly, Jr.

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

STATE OF LOUISIANA NO. 2021 KW 0826 VERSUS

WILBERT KELLY, JR. OCTOBER 8, 2021

In Re: Wilbert Kelly, Jr., applying for supervisory writs, 20th Judicial District Court, Parish of East Feliciana, No. 03-CR-000898.

BEFORE: WELCH, THERIOT, AND HOLDRIDGE, JJ.

WRIT DENIED.

JEW

MRT

Holdridge J., dissents and would stay the matter. The decision whether to apply Ramos v. Louisiana, U.S. 14 0 S.Ct. 1390, 206 L.Ed.2d 583 (2020) retroactively and grant postconviction relief on state collateral review to defendants convicted by non-unanimous juries in all or certain circumstances remains with the Louisiana Supreme Court. A state court may give broader effect to new rules of criminal procedure than is required by the relevant opinion. See Danforth v. Minnesota, 552 U.S. 264, 128 S.Ct. 1029, 169 L.Ed.2d 859 (2008).

COURT OF APPEAL, FIRST CIRCUIT

OF COURT

FOR THE COURT