State Of Louisiana v. Raymond S. Spitz ( 2020 )

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
STATE OF LOUISIANA NO. 2020 KW 0916
VERSUS
RAYMOND S. SPITZ DECEIVER 21, 2020
In Re: Raymond S. Spitz, applying for supervisory writs, 22nd
Judicial District Court, Parish of St. Tammany, No.
200821.
BEFORE: WHIPPLE, C. J., WELCH AND CHUTZ, JJ.
WRIT DENIED. In Ramos v. Louisiana, _ U. S._, , 140
S. Ct. 1390, 1397, 206 L. Ed. 2d 583 ( 2020), the United States
Supreme Court held, " the Sixth Amendment' s unanimity requirement
applies to state and federal criminal trials equally." However,
the Court declined to address its
whether holding applied
retroactively to cases on collateral review. The Court
specifically observed that the question of "[ wjhether the right
to jury unanimity applies to cases on collateral review is a
question for a future case where the parties will have a chance
to brief the issue and we will benefit from their adversarial
presentation." See Ramos, U. S. at , 140 S. Ct. at 1407.
The question of whether Ramos must apply retroactively to cases
on federal collateral review is before the
currently pending
Court. Edwards U. S. 140
v.
Vannoy, — S. Ct. 2737, 206
L. Ed. 2d 917 ( 2020). Moreover, the Louisiana Supreme Court has
declined to definitively rule on whether Ramos should on
apply
collateral review in state court proceedings decision
pending a
in Edwards. See State v. Gipson, 2019- 01815 ( La. 6/ 3/ 20), 296
So. 3d 1051, 1052 ( Johnson, C. J., dissenting to point out that
she disagreed with the majority' s decision to defer ruling until
the United States Supreme Court mandates action). Therefore, we
are to
constrained deny relief at this time. However, our
decision does not preclude from issue
relator
reurging the in
the district court if decision
warranted
by the of the higher
court( s).
VGW
JEW
WRC
COURT OF APPEAL, FIRST CIRCUIT
DFPUT
zuk
C ER OF COURT
FOR THE COURT