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. DONALD BROUSSARD
Case Number: KA -0019-0792
Court: STATE OF LOUISIANA
COURT OF APPEAL, THIRD CIRCUIT
Plaintiff's Attorney: Hon. M. Bofill Duhe´
District Attorney, Sixteenth Judicial District
Janet M. Perrodin, Assistant District Attorney
W. Claire Howington, 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 of negligent homicide, a violation of La.R.S. 14:32, 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). (S lip 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
direct review. (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 Defendant’s conviction by a nonunanimous jury verdict be reversed.
Outcome: Accordingly, the case must be remanded for anew trial.