STATE OF LOUISIANA NO. 2023 KW 1332 VERSUS

JAKE LEON MILLS FEBRUARY 16, 2024

In Re: State of Louisiana, applying for writs, supervisory 22nd Judicial District Court, Parish St. of Tammany, No. 589075.

BEFORE: WELCH, WOLFE, AND STROMBERG, JJ.

WRIT GRANTED. The trial court' s the ruling granting defendant' s " Motion for Verdicts Other Than Conviction to be by Concurrence of Ten Jurors" is reversed. In Ramos v. Louisiana, 590 U. S. ----- 140 S. Ct. 1390, 206 L. Ed. 2d 583 ( 2020) , the Supreme Court did not distinguish between acquittals and convictions when declaring nonunanimous verdicts unconstitutional. State v. Rodgers, 2021- 190 ( La. App. 3d Cir. 4/ 14/ 21), 318 So. 3d 315, 316, writ denied, 2021- 00675 ( La. 9/ 27/ 21), 324 So. 3d 87. Therefore, we find that the defendant' s argument that he is entitled to a nonunanimous for jury verdict an acquittal is without merit. is Accordingly, this matter remanded to the trial court for further proceedings consistent with this ruling.

JEW EW

Stromberg, J., dissents.

COURT OF APPEAL, FIRST CIRCUIT

tPUTY CLERK OF COURT FOR THE COURT