ELTON BURNETT, STATE OF LOUISIANA EX. REL. VERSUS TIM HOOPER, ET AL. LOUISIANA STATE PRISON
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ELTON BURNETT, STATE OF LOUISIANA EX. REL. NO. 21-KH-636 FIFTH CIRCUIT VERSUS COURT OF APPEAL TIM HOOPER, ET AL. LOUISIANA STATE PRISON STATE OF LOUISIANA October 05, 2021 Nancy F. Vega Chief Deputy Clerk **CONFIDENTIAL** LSA-RS 46:1844(W) ATTORNEYS OF RECORD ONLY IN RE ELTON BURNETT APPLYING FOR SUPERVISORY WRIT FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT, PARISH OF JEFFERSON, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE STEPHEN C. GREFER, DIVISION "J", NUMBER 85-2291 Panel composed of Judges Jude G. Gravois, Robert A. Chaisson, and Hans J. Liljeberg WRIT DENIED Relator, Elton Burnett, seeks this Court’s supervisory review of the trial court’s May 24, 2021 ruling which denied his application for post-conviction relief. On April 26, 2021, relator filed an application for post-conviction relief (“APCR”). Therein, relator appears to claim that the United States Supreme Court’s decision in Ramos v. Louisiana, 590 U.S. --, 140 S.Ct. 1390, 206 L.Ed.2d 583 (2020), which held that a defendant who is tried for a serious crime has a right to a unanimous jury verdict, should be applied retroactively to vacate his conviction by a non-unanimous jury. Relator now seeks review of the trial court’s May 24, 2021 ruling which denied his APCR on the basis that Ramos does not apply retroactively to cases on collateral review.1 Ramos explicitly applies only to cases pending on direct appeal and to future cases. 140 S.Ct. at 1407. And on May 17, 2021, the United States Supreme Court determined that the jury-unanimity rule in Ramos does not apply retroactively on federal collateral review. Edwards v. Vannoy, 593 U.S. --, 141 S.Ct. 1547, 1554 (2021). The Edwards Court noted, however, that states remain free to retroactively apply the jury-unanimity rule as a matter of state law in state post-conviction proceedings if they choose to do so. 141 S.Ct. at 1559, n.6 (citing Danforth v. Minnesota, 552 U.S. 264, 282, 128 S.Ct. 1029, 169 L.Ed.2d 859 (2008)). 1 In his writ application, relator mentions that he filed a motion for reconsideration of sentence after he received the ruling on his APCR, wherein he supposedly again sought application of Ramos to his case. This motion and the ruling thereon are not attached to relator’s writ application and are thus not currently before us for review. Relator was convicted in 1986.2 At the time of relator’s conviction, a nonunanimous jury verdict was not unconstitutional under Apodaca v. Oregon, 406 U.S. 404, 92 S.Ct. 1628, 32 L.Ed.2d 184 (1972), and relator’s conviction became final well before Ramos was decided. Edwards holds that Ramos is not retroactive in cases on federal collateral review, and our State laws currently do not provide that jury unanimity applies to serious offenses occurring before January 1, 2019, nor that the unanimity requirement applies retroactively to cases on collateral review.3 Accordingly, the trial court did not err in denying relator’s APCR. Relator’s writ application is denied. Gretna, Louisiana, this 5th day of October, 2021. JGG RAC HJL 2 Relator was convicted in 1986 of aggravated rape and was sentenced to life imprisonment at hard labor without the benefit of parole, probation or suspension of sentence. See State v. Burnett, 496 So.2d 1236 (La. App. 5th Cir. 1986). At this time, Louisiana law provides: “A case for an offense committed prior to January 1, 2019, in which punishment is necessarily confinement at hard labor shall be tried by a jury composed of twelve jurors, ten of whom must concur to render a verdict. A case for an offense committed on or after January 1, 2019, in which the punishment is necessarily confinement at hard labor shall be tried before a jury of twelve persons, all of whom must concur to render a verdict.” La. Const. Art. 1, § 17; La. C.Cr.P. art. 782 (A). Edwards does not repudiate these provisions. See Edwards, 141 S.Ct. at 1559-60 (2021). 3 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 DISPOSITION CERTIFICATE OF DELIVERY I CERTIFY THAT A COPY OF THE DISPOSITION IN THE FOREGOING MATTER HAS BEEN TRANSMITTED IN ACCORDANCE WITH UNIFORM RULES - COURT OF APPEAL, RULE 4-6 THIS DAY 10/05/2021 TO THE TRIAL JUDGE, THE TRIAL COURT CLERK OF COURT, AND AT LEAST ONE OF THE COUNSEL OF RECORD FOR EACH PARTY, AND TO EACH PARTY NOT REPRESENTED BY COUNSEL, AS LISTED BELOW: 21-KH-636 E-NOTIFIED 24th Judicial District Court (Clerk) Honorable Stephen C. Grefer (DISTRICT JUDGE) Grant L. Willis (Respondent) Thomas J. Butler (Respondent) MAILED Elton Burnett #112558 (Relator) Louisiana State Penitentiary Angola, LA 70712
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