State Of Louisiana v. Rubin Wade ( 2023 )

STATE OF LOUISIANA NO. 2023 KW 0417
VERSUS
RUBIN WADE JULY 28, 2023
In Re: State of Louisiana, applying for supervisory writs,
19th Judicial District Court, Parish of East Baton
Rouge, No. 11- 81- 0270.
BEFORE: HOLDRIDGE, CHUTZ, AND PENZATO, JJ.
WRIT GRANTED. The new rule of criminal procedure announced
in Ramos v. Louisiana, U. S. 1 140 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), 360 So. 3d 273 ( per curiam). The
defendant' s convictions became final in 1986. 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 in
February 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). Therefore, the application for postconviction
relief is hereby dismissed. See State v. Brumfield, 2009- 1084
La. 9/ 2/ 09), 16 So. 3d 1161, 1162.
Mil
am-
Holdridge, J., concurs. This action does not prevent the
defendant from requesting postconviction relief and a
raising
constitutional challenge to his conviction upon a showing that
his conviction by a non - unanimous jury was due to racial animus
or that the jurors voting not guilty had a valid basis to find
that the defendant was not proven guilty beyond a reasonable
doubt from the evidence presented. State v. Reddick, 2021- 01893
La. 10/ 21/ 22), 351 So. 3d 273. ( Genovese, J., in
dissenting
part; Griffin, J., dissenting)
COURT OF APPEAL, FIRST CIRCUIT