STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT STATE OF LOUISIANA NO. 2022 Kw 0261

VERSUS

DAVID BANKS JULY 5, 2022

In Re: David Banks, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 09- 07- 0351.

BEFORE: McCLENDON, WELCH, AND HESTER, JJ.

WRIT DENIED. Ramos v. Louisiana, U. S. , 140 S. Ct. 1390, 206 L. Ed. 2d 583 ( 2020) does not apply retroactively to relator whose conviction and sentence was final at the time the decision was rendered. See also State Kelly, 2021- 00572 ( La. v. 9/ 27/ 21), 324 So. 3d 79 ( per curiam). Accordingly, the district court did not err by dismissing the application for postconviction relief.

PMC JEW CHH

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY CLERK OF COURT FOR THE COURT