State Of Louisiana v. Jerry Moore ( 2021 )

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
STATE OF LOUISIANA NO. 2021 HW 0579
VERSUS
JERRY MOORE JULY 19, 2021
In Re: Jerry Moore, applying for writs, 22nd
supervisory
Judicial District Court, Parish of St. Tammany, No.
355, 706- 1.
BEFORE: WHIPPLE, C. J., WELCH AND WOLFE, JJ.
WRIT DENIED. The decision in Ramos v. Louisiana, 590 U. S.
140 S. Ct. 1390, 206 L. Ed. 2d 583 ( 2020), does not apply
retroactively on federal collateral review. See Edwards v.
Vannoy, U. S. , 141 S. Ct. 1547, 1552, L. Ed. 2d
2021). Furthermore, Ramos is inapplicable to defendants like
relator, who were convicted of a serious offense by a unanimous
jury verdict. Moreover,
jury instructions the
were not
erroneous, as they were based upon the law in effect at the time
of relator' s 2006 jury trial. See State v. Sugasti, 2001- 3407
La. 6/ 21/ 02), 820 So. 2d 518, 520. See also State v. Williams,
20- 46 ( La. App. 5th Cir. 12/ 30/ 20), 308 So. 3d 791, 836, writ
denied, 2021- 00316 ( La. 5/ 25/ 21), So. 3d F
2021 WL
2102374. Accordingly, the district court dial not err by denying
relator' s successive application for postconviction relief and
the motions that accompanied it.
VGW
JEW
EW
COURT OF APPEAL, FIRST CIRCUIT
DEPUT CLERK OF COURT
FOR THE COURT