TEXT NOW CALL NOW

State of Louisiana v. Jeremy Patterson, Supreme Court of Louisiana, Docket No. 2012-K-2042

State of Louisiana v. Billy Lewis, Supreme Court of Louisiana, Docket No. 2012-K-1021

The Supreme Court of Louisiana just addressed two New Orleans homicide cases where the issue presented centered on the appropriate remedy for a defendant when he is prohibited, in violation of Article 799.1 of the Louisiana Code of Criminal Procedure, from using a peremptory challenge to back strike a provisionally selected juror.  Each ruling of the court ultimately resulted in new trials.

 

In State of Louisiana v. Billy Lewis, the Supreme Court of Louisiana agreed with the Fourth Circuit Court of Appeal's determination that the error is one which is subject to harmless error analysis.  The supreme court nevertheless found the court of appeal misapplied the harmless error standard of review.  Since the Supreme Court of Louisiana could not conclude with certainty that the guilty verdicts rendered in this case were surely unattributable to the district court's error in prohibiting Lewis from using a back strike to peremptorily challenge a provisionally selected juror, the Supreme Court of Louisiana reversed the decision of the appellate court, vacated defendant's convictions and sentences, and remanded this matter to the district court for a new trial.

 

In State of Louisiana v. Jeremy Patterson, Patterson was charged by grand jury indictment with one count of second degree murder in 2008. After Patterson was convicted at trial and his counsel was prohibited from using a back strike to peremptorily challenge a provisionally selected juror, the Fourth Circuit of Appeal reversed Patterson's conviction, once again applying a harmless error analysis.  Much like the appelalte court, the Louisiana Supreme Court also found that the district court's error in denying the back strike was not harmless. Consequently, finding the court of appeal correctly applied a harmless error analysis to the facts of this case, the Supreme Court of Louisiana affirmed the appellate court's decision, vacating Patterson's conviction and sentence, and remanding his case to the district court for a new trial.

 

Copyright © Stephen D. Hebert, LLC | 700 Camp Street, Suite 216, New Orleans, LA 70130 | Disclaimer