In a ruling that denies new trials to at least 1,000 inmates convicted by split-jury decisions, the Louisiana Supreme Court has refused to extend a ban on non-unanimous jury verdicts to apply retroactively in serious criminal cases.
The high court handed down its opinion on Oct. 21 in the case of Louisiana vs. Reginald Reddick. In a 10-1 verdict in 1993, Reddick was convicted of second-degree murder at a time when the state Constitution allowed for convictions with the vote of 10 out of 12 jurors.
Since the conviction, however, the U.S. Supreme Court decided that the state’s provision for split verdicts is unconstitutional. In addition, Louisiana voters in 2018 voted to require unanimous juries in felony cases.
Reddick filed an application for post-conviction relief last year, requesting that the U.S. Supreme Court’s Ramos v. Louisiana rule be applied retroactively in Louisiana.
“In making this decision, we are mindful of the strong reliance interests at stake and the high administrative burden that many retrials of final convictions would impose on our system of justice,” the Louisiana Supreme Court’s majority opinion states. “We further note that in voting to amend the state Constitution to require unanimity in jury verdicts, the citizens of this state chose to do so with prospective effect only.”
The Promise of Justice Initiative, which represented Reddick, said that the effect of the high court’s opinion will be to allow the spirit of Jim Crow to live on in Louisiana.
“This is not just a loss for our clients,” the group said in a statement emailed to the Louisiana Record. “This is a loss for every Louisianan. Our courts must protect our fundamental rights and freedoms. Our clients never had a fair shake, and now the Louisiana Supreme Court has declared they never will.”
The high court and Promise of Justice, however, seemed to agree that the court decision kicks the issue to the state Legislature.
“We decline to act as a super-legislature by issuing a broader retroactivity approach than that approved by the voters of Louisiana …” the court said. “We expressly note that the Legislature may determine that a broader subset of individuals are eligible for post-conviction relief. Likewise, the governor has the power in individual cases to grant clemency under our state Constitution.”
The Promise of Justice expressed hope that state lawmakers would provide a legal remedy for those who remain behind bars “based on this Jim Crow law.”