STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT

STATE OF LOUISTANA NO. 2022 KW 0887 VERSUS MIGUEL CHRISTIAN THERIOT OCTOBER 11, 2022 In Re: Miguel Christian Theriot, applying for supervisory writs, 32nd Judicial District Court, Parish of Terrebonne, No. 13-FELY-666893.

BEFORE : WHIPPLE, C.J., GUIDRY AND WOLFE, JJ.

WRIT DENIED.

VGW EW Guidry, J., dissents. The decision whether to apply Ramos v. Louisiana, U.S. , 140 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 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).

Accordingly, I would stay the writ application pending a decision in State v. Reddick, 2021-1893 (La. 2/15/22), 332 So.3d 1173, whereby the Louisiana Supreme Court has taken up for consideration the issue of whether Ramos applies retroactively on state collateral review.

COURT OF APPEAL, FIRST CIRCUIT AS) DEPUTY CLERK OF COURT FOR THE COURT