State of Louisiana v. Cardell A. Hayes

STATE OF LOUISIANA * NO. 2017-KA-0789 VERSUS *

COURT OF APPEAL CARDELL A. HAYES *

FOURTH CIRCUIT

*

STATE OF LOUISIANA *******

APPEAL FROM

CRIMINAL DISTRICT COURT ORLEANS PARISH

NO. 528-975, SECTION “H” Honorable Camille Buras, Judge

****** Judge Joy Cossich Lobrano

****** ON REMAND FROM THE UNITED STATES SUPREME COURT (Court composed of Judge Terri F. Love, Judge Joy Cossich Lobrano, Judge Sandra Cabrina Jenkins) Leon Cannizzaro District Attorney Donna Andrieu Assistant District Attorney, Chief of Appeals Kyle Daly Assistant District Attorney Laura Rodrigue Assistant District Attorney Jason Napoli Assistant District Attorney DISTRICT ATTORNEY'S OFFICE, ORLEANS PARISH 619 South White Street New Orleans, LA 70119

COUNSEL FOR STATE/APPELLEE Paul J. Barker Christen E. DeNicholas LAW OFFICES OF PAUL J. BARKER, LLC 700 Camp Street, Suite 418 New Orleans, LA 70130

COUNSEL FOR DEFENDANT/APPELLANT

CONVICTIONS AND SENTENCES

VACATED AND REMANDED.

February 19, 2021 JCL The facts and procedural history of this case were set out in this Court’s TFL appellate opinion. State v. Hayes, 2017-0789 (La. App. 4 Cir. 3/27/19); ___ SCJ

So.3d___, 2019 WL 1386493. On December 11, 2016, the defendant, Cardell Hayes (“Defendant”), was convicted by ten-to-two votes of the responsive verdicts of manslaughter and attempted manslaughter, as reflected in the transcript of the polling of the jury following trial. On March 27, 2019, this Court affirmed Defendant’s convictions and sentences, rejecting multiple assignments of error. Hayes, 2017-0789, p. 1, (La. App. 4 Cir. 3/27/19); ___ So. 3d at ___, 2019 WL 1386493, *1. The Louisiana Supreme Court denied writs on March 9, 2020. State v. Hayes, 2019-00808 (La. 3/9/20); 294 So.3d 485.

Defendant thereafter sought direct review in the United States Supreme Court. On January 11, 2021, the United States Supreme Court granted certiorari, vacated the judgment, and remanded the case to this Court for further consideration in light of Ramos v. Louisiana, 140 S.Ct. 1390, 206 L.E.d.2d 583 (2020).1 Hayes v. Louisiana, 20-5123, ___ S.Ct. ___, 2021 WL 78044, *1 (2021).

In further consideration in light of Ramos, and finding that the verdicts were non-unanimous, we vacate Defendant’s convictions by non-unanimous jury verdicts and sentences and remand the case to the district court for further proceedings.

CONVICTIONS AND SENTENCES VACATED AND REMANDED.