STATE v. HAYES (2021)

Court of Appeal of Louisiana, Fourth Circuit.2021-02-19No. NO. 2017-KA-0789

Summary · law.co

Holding. The convictions and sentences based on non-unanimous jury verdicts are vacated and remanded to the district court for further proceedings.

Cardell Hayes was convicted in 2016 of manslaughter and attempted manslaughter by a non-unanimous jury verdict (10-2). The Fourth Circuit Court of Appeal affirmed those convictions in 2019, and the Louisiana Supreme Court denied further review in 2020. Hayes then sought review in the U.S. Supreme Court, which in January 2021 granted his petition, vacated the judgment, and remanded the case for reconsideration in light of the Supreme Court's decision in Ramos v. Louisiana.

On remand, the Fourth Circuit reconsidered Hayes's convictions under the Ramos framework. Ramos established that jury verdicts in serious criminal cases must be unanimous. Because Hayes's convictions were based on non-unanimous 10-2 jury verdicts, the court found them inconsistent with that standard. Accordingly, the court vacated the convictions and sentences and sent the case back to the trial court for further proceedings.

Summary generated by law.co from the public-domain opinion. The opinion text itself is public domain.

Key issues

Whether convictions based on non-unanimous jury verdicts comply with the Sixth Amendment after Ramos v. Louisiana
Application of Ramos to previously affirmed convictions on remand from the U.S. Supreme Court

Procedural posture

The case was remanded by the U.S. Supreme Court to the Fourth Circuit for reconsideration in light of Ramos v. Louisiana.

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion · public domain

The facts and procedural history of this case were set out in this Courts appellate opinion. State v. Hayes, 2017-0789 (La. App. 4 Cir. 3/27/19), 315 So.3d 225. On December 11, 2016, the defendant, Cardell Hayes (“Defendant”), was convicted by ten-to-two votes of the responsive verdicts of manslaughter and attempted manslaughter, as reflected in the transcript of the polling of the jury following trial. On March 27, 2019, this Court affirmed Defendants convictions and sentences, rejecting multiple assignments of error. Hayes, 2017-0789, p. 1 (La. App. 4 Cir. 3/27/19), 315 So. 3d at 229–30. The Louisiana Supreme Court denied writs on March 9, 2020. State v. Hayes, 2019-00808 (La. 3/9/20), 294 So.3d 485.

Defendant thereafter sought direct review in the United States Supreme Court. On January 11, 2021, the United States Supreme Court granted certiorari, vacated the judgment, and remanded the case to this Court for further consideration in light of Ramos v. Louisiana, ––– U.S. ––––, 140 S.Ct. 1390, 206 L.E.d.2d 583 (2020).

Hayes v. Louisiana, 20-5123, ––– U.S. ––––, 141 S.Ct. 1040, 1041, 208 L.Ed.2d 513 (2021).

In further consideration in light of Ramos, and finding that the verdicts were non-unanimous, we vacate Defendants convictions by non-unanimous jury verdicts and sentences and remand the case to the district court for further proceedings.

CONVICTIONS AND SENTENCES VACATED AND REMANDED.

FOOTNOTES

. The United States Supreme Court stated:The motion of petitioner for leave to proceed in forma pauperis and the petition for writ of certiorari is granted. The judgment is vacated, and the case is remanded to the Court of Appeal of Louisiana, Fourth Circuit for further consideration in light of Ramos v. Louisiana, 590 U. S. –––– [140 S.Ct. 1390, 206 L.Ed.2d 583] (2020).Hayes v. Louisiana, 20-5123, ––– U.S. ––––, 141 S.Ct. 1040, 1041, 208 L.Ed.2d 513 (2021).

Judge Joy Cossich Lobrano