STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT

STATE OF LOUISIANA NO. 2021 KW 0955 VERSUS MARLON CARTER OCTOBER 26, 2022 In Re: Marlon Carter, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 04-15-0006.

BEFORE : GUIDRY, HOLDRIDGE, AND CHUTZ, JJ.

STAY LIFTED. WRIT DENIED. The jury unanimity rule set forth in Ramos v. Louisiana, U.S. _, 140 S.ct. 1390, 206 L.Ed.2d 583 (2020) does not apply retroactively in Louisiana.

State v. Reddick, 2021-01893 (La. 10/21/22), — So.3d __.

GH WRC Guidry, J., concurs. As a judge of an intermediate appellate court of this state, I am constrained to concur in the denial of retroactive application of Ramos v. Louisiana, _ U.S. 140 S.Ct. 1390, 206 L.Ed.2d 583 (2020), in accordance with the recent majority decision of the Louisiana Supreme Court in State v. Reddick, 2021-01893 (La. 10/21/22), | So.3d __. However, I write separately to express my disagreement with upholding unconstitutional non-unanimous convictions on collateral review and to express my disappointment in this state’s failure to correct the lingering legacy of discrimination and injustice embodied in such convictions for the more detailed reasons expressed by Justice Griffin in her dissenting opinion to the Reddick decision.

COURT OF APPEAL, FIRST CIRCUIT A. Crd DEPUTY CLERK OF COURT FOR THE COURT