State Of Louisiana v. Terry Denham ( 2023 )

AM 141410
STATE OF LOUISIANA NO. 2023 KW 0347
VERSUS
TERRY LEE DENHAM, JR. JULY 17, 2023
In Re: State of Louisiana, applying for supervisory writs,
19th Judicial District Court, Parish of East Baton
Rouge, No. 04- 12- 0031.
BEFORE: THERIOT, WOLFE, AND GREENE, JJ.
WRIT GRANTED. The new rule of criminal procedure announced
in Ramos v. Louisiana, U. S. f 140 S. Ct. 1390, 206 L. Ed. 2d
583 ( 2020), which provides for unanimity in jury verdicts is not
retroactive in Louisiana. State v. Reddick, 2021- 01893 ( La.
10/ 21/ 22), 351 So. 3d 273, 283. See also State v. Jackson, 2022-
00720 ( La. 5/ 16/ 23). 2023 WL 3475740 ( per curiam). The
defendant' s convictions became final in 2014, when he failed to
seek further review following this court' s opinion on his
appeal. See La. Code Crim. P. art. 922 ( B) . Accordingly, the
district court' s order overruling the procedural objection of
untimeliness to defendant' s application for postconviction
relief, filed on February 22, 2021, and directing the district
attorney to file an answer on the merits is reversed. See La.
Code Crim. P. art. 930. 8 ( A) ( 2) This matter is remanded for
further proceedings.
MRT
EW
HG