State v. Littleton
Decision Date | 28 October 2020 |
Docket Number | NO. 18-KA-354,18-KA-354 |
Citation | 306 So.3d 558 |
Parties | STATE of Louisiana v. Adam LITTLETON |
Court | Court of Appeal of Louisiana — District of US |
COUNSEL FOR PLAINTIFF/APPELLEE, STATE OF LOUISIANA, Honorable Paul D. Connick, Jr., Metairie, Terry M. Boudreaux, Gretna, Andrea F. Long, Kellie M. Rish, Megan L. Gorman
COUNSEL FOR DEFENDANT/APPELLANT, ADAM LITTLETON, Paul J. Barker, New Orleans, Kristen Legendre
Panel composed of Judges Fredericka Homberg Wicker, Marc E. Johnson, and John J. Molaison, Jr.
This matter comes before the court on remand from the Louisiana Supreme Court pursuant to the United States Supreme Court's recent decision in Ramos v. Louisiana , 590 U.S. ––––, 140 S.Ct.1390, 206 L.Ed.2d 583 (2020) ( ). For the reasons that follow, we vacate defendant, Adam Littleton's conviction and remand for further proceedings.
On May 12, 2016, a Jefferson Parish Grand Jury returned an indictment charging defendant, Adam Littleton, with second degree murder in violation of La. R.S. 14:30.1. On July 28, 2017, a twelve-person jury returned a verdict of guilty as charged by a vote of ten of twelve jurors. On November 9, 2017, defendant was sentenced to life imprisonment without benefit of probation, parole, or suspension of sentence. On December 4, 2019, this Court affirmed defendant's conviction and sentence on appeal. See State v. Littleton , 18-354 (La. App. 5 Cir. 12/4/19), 285 So.3d 1181. On December 18, 2019, defendant filed an Application for Rehearing, which this Court denied on January 2, 2020. On February 19, 2020, defendant filed a writ application with the Louisiana Supreme Court. The State filed an opposition on March 5, 2020. On July 24, 2020, the Louisiana Supreme Court denied defendant's writ application. See State v. Littleton , 20-303 (La. 7/24/20), 299 So.3d 74 (Mem). On September 29, 2020, the Louisiana Supreme Court granted defendant's application for reconsideration, stating:
The Court concluded, Id . at 1397. Accordingly, Louisiana defendants who have been convicted of serious offenses by non-unanimous juries and whose cases are still pending on direct review are entitled to new trials. See State v. Kelly , 19-425 (La. App. 5 Cir. 7/31/20), 299 So.3d 1284 ; see also State v. Harrell, 19-371 (La. App. 5 Cir. 7/8/20), 299 So.3d 1274 ; State v. Rivas , 19-378 (La. App. 5 Cir. 5/21/20), 296 So.3d 1198.
Although defendant did not challenge the non-unanimous jury verdict by assignment of error on appeal, as elucidated and instructed by the Louisiana Supreme Court on its reconsideration of this case in light of the Ramos case, this Court must now conduct a new error patent review in light of Ramos. Louisiana courts have repeatedly held that the jury verdict is discoverable in the pleadings and proceedings for purposes of the error patent review. See Harrell , 299 So.3d at 1282, 1284 n.14 (citing State v. Craddock , 307 So.2d 342 (La. 1975) ; State v. Sanford , 248 La. 630, 181 So.2d 50 (1965) ; State v. Anderson , 07-752 (La. App. 5 Cir. 2/6/08), 979 So.2d 566, 571.
Defendant was charged with second degree murder. Since the punishment for the offense of second degree murder is necessarily confinement at hard labor, a jury of twelve persons was required. See La. Const. Art. I, § 17 ; La. C.Cr.P. art. 782 ; La. R.S. 14:30.1. Defendant was convicted after a twelve-person jury returned a ten to two verdict of guilty as charged. While non-unanimous verdicts were previously permitted under Louisiana law, defendant's non-unanimous jury verdict, which was pending on direct review at the time the United States Supreme Court handed down Ramos v. Louisiana, became unconstitutional in light of that case. Therefore, we find that because the verdict was not unanimous, defendant's conviction for second degree murder and sentence must be vacated and the case remanded for further proceedings.
On appeal defendant raised five assignments of error. Defendant argued that (1) the evidence was insufficient to prove beyond a reasonable doubt that defendant was guilty of second degree murder; (2) the trial court erred by allowing William Hare to testify as an expert witness for the State; (3) the trial court erred by allowing the State to introduce evidence of other bad acts: (4) the trial court erred by denying defendant's motion for a mistrial; and (5) the trial court erred when it denied defendant's motion for new trial. This Court previously considered all of defendant's assignments of error in its December 4, 2019 opinion. Further discussion of these assignments would be superfluous. Moreover, in light of the defendant's right to a new trial under Ramos , all assigned errors have been rendered moot, aside from sufficiency of the...
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