STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT STATE OF LOUISIANA NO. 2020 KW 1288 VERSUS

BRUCE HINES MARCH 15, 2021

In Re: Bruce Hines, for applying supervisory writs, 21st Judicial District Court, Parish of Tangipahoa, No. 901086.

BEFORE: McDONALD, HOLDRIDGE, AND PENZATO, TT.

WRIT DENIED. In Ramos v. Louisiana, U. S. 1 140 S. Ct. 1390, 1397, 206 ithe United States L. Ed. 2d 583 ( 2020), Supreme Court held, " the Sixth Amendment' s unanimity requirement applies to state and federal criminal trials equally." However, the Court declined to address whether its holding applied retroactively to cases on collateral review. The Court specifically observed that the question of "[ w] hether the right to jury applies to unanimity cases on collateral review is a question for a future case where the parties will have a chance to brief the issue and we will benefit from their adversarial presentation." See Ramos, U. S. at , 140 S. Ct. at 1407.

The question of whether Ramos must to apply retroactively cases on federal collateral review is before the currently pending Court. Edwards v. Vannoy, — U. S. 140 S. Ct. 2737, 206 L. Ed. 2d 917 ( 2020). Moreover, the Louisiana Supreme Court has declined to definitively rule on whether Ramos should apply on collateral review in state court proceedings pending a decision in Edwards. See State v. Gipson, 2019- 01815 ( La. 6/ 3/ 20), 296 So. 3d 1051, 1052 ( Johnson, C. J., dissenting to point out that she disagreed with the majority' s decision to defer ruling until the United States Supreme Court mandates action). Therefore, we are to constrained deny relief at this time. However, our decision does not preclude relator from the issue in reurging the district court if warranted by the decision of the higher ccurt( s).

JMM GH AHP

COURT OFF APPEAL, FIRST CIRCUIT

DEPUTLERK OF COURT FOR THE COURT