Please E-mail suggested additions, comments and/or corrections to Kent@MoreLaw.Com.
Help support the publication of case reports on MoreLaw
STATE OF LOUISIANA Vs. JOSEPH JAMAAD LEDAY
Case Number: KA -0019-0105
Judge: Search Results
Court: STATE OF LOUISIANA
COURT OF APPEAL, THIRD CIRCUIT
Plaintiff's Attorney: John F. Derosier, District Attorney
Brittany Bell-Chavis, Assistant District Attorney
Shelley A. Deville, Assistant District Attorney
Call 918-582-6422 for free help finding a great criminal defense lawyer.
The record in this case shows the jury was polled and returned a verdict of
guilty by a vote of eleven to one.
The United States Supreme Court recently held non-unanimous jury verdicts
unconstitutional. Ramos v. Louisiana, 2020 WL 1906545, 590 U.S. ___, ___ S.Ct.
___ (2020). (Slip Op.) The Supreme Court unambiguously determined that nonunanimous verdicts are not permissible under the Sixth Amendment to the
Constitution and the prohibition applies to the states through the Fourteenth
Amendment. (Slip Op. at p. 26; see also concurrences by Sotomayor, Kavanaugh
and Thomas, JJ.).1
Further, the opinion recognizes, that its ruling applies to cases pending on
(Slip Op. at 22-23.) Justice Kavanaugh’s concurrence states this
explicitly. (Slip Op. at 15-17.) Such review is in keeping with this state’s
jurisprudence. See, State v. Ruiz, 06-1755 (La. 4/11/07), 955 So.2d 81. We therefore
find the Ramos ruling is applicable and it requires that Defendant’s conviction by a
non-unanimous jury verdict be reversed.
Outcome: Accordingly, the case must be remanded for a new trial.