STATE OF LOUISIANA VERSUS ROJAE DUMAS

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STATE OF LOUISIANA NO. 21-KA-143 VERSUS FIFTH CIRCUIT ROJAE DUMAS COURT OF APPEAL STATE OF LOUISIANA ON APPEAL FROM THE TWENTY-THIRD JUDICIAL DISTRICT COURT PARISH OF ST. JAMES, STATE OF LOUISIANA NO. 79,19, DIVISION "A" HONORABLE JASON VERDIGETS, JUDGE PRESIDING November 24, 2021 SUSAN M. CHEHARDY CHIEF JUDGE Panel composed of Judges Susan M. Chehardy, Fredericka Homberg Wicker, and Hans J. Liljeberg VACATED AND REMANDED SMC FHW HJL COUNSEL FOR PLAINTIFF/APPELLEE, STATE OF LOUISIANA Ricky L. Babin Lindsey D. Manda Donald D. Candell COUNSEL FOR DEFENDANT/APPELLANT, ROJAE DUMAS Bruce G. Whittaker CHEHARDY, C.J. A nonunanimous jury convicted defendant, Rojae Dumas, of one count of manslaughter, a violation of La. R.S. 14:31. The trial court sentenced him to twenty-five years at hard labor, with credit for time served. Mr. Dumas appeals his conviction and sentence. Pursuant to Ramos v. Louisiana, 590 U.S. --, 140 S.Ct. 1390, 206 L.Ed.2d 583 (2020), we vacate Mr. Dumas’ conviction and sentence and remand the matter to the trial court for a new trial. On February 26, 2018, Mr. Dumas was indicted for the second degree murder of his step-father, Reynald Jackson, a violation of La. R.S. 14:30.1. Mr. Dumas was arraigned and pled not guilty on March 19, 2018. Trial commenced before a twelve-person jury on September 17, 2019, and concluded on September 19, 2019, with a non-unanimous verdict by a margin of eleven to one of the responsive verdict of guilty of manslaughter. On November 18, 2019, the trial court sentenced Mr. Dumas to twenty-five years at hard labor in the custody of the Department of Corrections, with credit for time served. On December 17, 2019, Mr. Dumas filed a pro se motion to reconsider sentence, which was denied on December 26, 2019. A motion for appeal was granted that same day. Mr. Dumas now comes before this Court on original appeal requesting that his conviction and sentence be vacated on grounds that the non-unanimous verdict violates his rights to due process and equal protection guaranteed by the Sixth and Fourteenth Amendments of the United States Constitution. We agree. In Ramos, supra, the United States Supreme Court held that the Sixth Amendment’s right to a jury trial, as incorporated against the States under the Fourteenth Amendment, requires a unanimous jury verdict to convict a defendant of a serious offense in both federal and state courts. As a result, the State will have to retry any defendant convicted of serious offenses by non-unanimous juries and 21-KA-143 1 whose cases are still pending on direct appeal. State v. Spears, 18-663 (La. App. 5 Cir. 1/13/21); 309 So.3d 1039, 1041. The instant case is currently pending on direct review of Mr. Dumas’ conviction for manslaughter, therefore, the holding in Ramos applies. State v. Cohen, 19-949 (La. 1/27/21), 315 So.2d 202, citing Griffith v. Kentucky, 479 U.S. 314, 107 S.Ct. 708, 93 L.Ed.2d 649 (1987). The record reflects that Mr. Dumas’ conviction for manslaughter was by a 11-1 jury vote. Since the punishment for this offense necessitates confinement at hard labor, a jury concurrence of all 12 persons was required to render a verdict. Therefore, Mr. Dumas is entitled to a new trial. DECREE For the foregoing reasons, Rojas Dumas’ conviction and sentence for manslaughter are vacated, and the matter is remanded to the trial court for a new trial. VACATED AND REMANDED 21-KA-143 2 SUSAN M. CHEHARDY CURTIS B. PURSELL CHIEF JUDGE CLERK OF COURT NANCY F. VEGA FREDERICKA H. WICKER CHIEF DEPUTY CLERK JUDE G. GRAVOIS MARC E. JOHNSON ROBERT A. CHAISSON SUSAN S. BUCHHOLZ STEPHEN J. WINDHORST HANS J. LILJEBERG FIFTH CIRCUIT JOHN J. MOLAISON, JR. 101 DERBIGNY STREET (70053) JUDGES POST OFFICE BOX 489 GRETNA, LOUISIANA 70054 www.fifthcircuit.org FIRST DEPUTY CLERK MELISSA C. LEDET DIRECTOR OF CENTRAL STAFF (504) 376-1400 (504) 376-1498 FAX NOTICE OF JUDGMENT AND CERTIFICATE OF DELIVERY I CERTIFY THAT A COPY OF THE OPINION IN THE BELOW-NUMBERED MATTER HAS BEEN DELIVERED IN ACCORDANCE WITH UNIFORM RULES - COURT OF APPEAL, RULE 2-16.4 AND 2-16.5 THIS DAY NOVEMBER 24, 2021 TO THE TRIAL JUDGE, CLERK OF COURT, COUNSEL OF RECORD AND ALL PARTIES NOT REPRESENTED BY COUNSEL, AS LISTED BELOW: 21-KA-143 E-NOTIFIED 23RD JUDICIAL DISTRICT COURT (CLERK) HON. JASON VERDIGETS (DISTRICT JUDGE) DONALD D. CANDELL (APPELLEE) LINDSEY D. MANDA (APPELLEE) GRANT L. WILLIS (RESPONDENT) BRUCE G. WHITTAKER (APPELLANT) ATTORNEY AT LAW LOUISIANA APPELLATE PROJECT 1215 PRYTANIA STREET SUITE 332 NEW ORLEANS, LA 70130 HONORABLE JEFFREY M. LANDRY (RESPONDENT) ATTORNEY GENERAL LOUISIANA DEPARTMENT OF JUSTICE 1885 NORTH 3RD STREET 6TH FLOOR, LIVINGSTON BUILDING BATON ROUGE, LA 70802 MAILED HONORABLE RICKY L. BABIN (APPELLEE) DISTRICT ATTORNEY 23RD JUDICIAL DISTRICT COURT POST OFFICE BOX 66 CONVENT, LA 70723

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