State v. Hayes

315 So.3d 251 (Mem)

STATE of Louisiana

v.Cardell A. HAYES

NO. 2017-KA-0789

Court of Appeal of Louisiana, Fourth Circuit.

February 19, 2021

Leon Cannizzaro, District Attorney, Donna Andrieu, Assistant District Attorney, Chief of Appeals, Kyle Daly, Assistant District Attorney, Laura Rodrigue, Assistant District Attorney, Jason Napoli, Assistant District Attorney, DISTRICT ATTORNEY'S OFFICE, ORLEANS PARISH, 619 South White Street, New Orleans, LA 70119, COUNSEL FOR STATE/APPELLEE

Paul J. Barker, Christen E. DeNicholas, LAW OFFICES OF PAUL J. BARKER, LLC, 700 Camp Street, Suite 418, New Orleans, LA 70130, COUNSEL FOR DEFENDANT/APPELLANT

(Court composed of Judge Terri F. Love, Judge Joy Cossich Lobrano, Judge Sandra Cabrina Jenkins )

Judge Joy Cossich Lobrano

The facts and procedural history of this case were set out in this Court's 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 Defendant's 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).¹ 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 Defendant's 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.

1 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 ,

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