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Bill to let those convicted by nonunanimous juries get a retrial fails in Louisiana Senate

Posted on 5/22/25 at 11:52 am
Posted by 4cubbies
Member since Sep 2008
60431 posts
Posted on 5/22/25 at 11:52 am
quote:

The Louisiana Senate on Wednesday voted down a bill that would have allowed prisoners convicted by nonunanimous juries to have their cases retried.

Senate Bill 218, by state Sen. Royce Duplessis, D-New Orleans, earned nine yes votes, all from Democrats. 26 Republicans voted against it.

That vote followed passionate testimony from Duplessis, who pleaded with his colleagues to pass the bill.

“Justice has no expiration date, and if we choose to vote down this bill, that’s what we’re saying. We’re saying justice has an expiration date. We’re saying 'tough luck,'” Duplessis said. "I’m asking you as members of this body to not let efficiency or convenience get in the way of courage or what’s right.”


LINK

I still don't understand how siding with the government on matters involving criminal justice is conservative and distrusting the government in this context is considered liberal.
Posted by dkreller
Laffy
Member since Jan 2009
33787 posts
Posted on 5/22/25 at 11:55 am to
There’s an appeals process that prisoners can follow should they decide to.
Posted by Chancellor
BHam
Member since Oct 2017
3600 posts
Posted on 5/22/25 at 11:57 am to
quote:

convicted by nonunanimous juries


fricking disgusting. Louisiana is a shithole.
Posted by 4cubbies
Member since Sep 2008
60431 posts
Posted on 5/22/25 at 12:02 pm to
quote:

There’s an appeals process that prisoners can follow should they decide to.



Legal standards did not recognize non-unanimity as a valid ground for overturning a verdict.
Posted by dkreller
Laffy
Member since Jan 2009
33787 posts
Posted on 5/22/25 at 12:04 pm to
I’m not following
Posted by 4cubbies
Member since Sep 2008
60431 posts
Posted on 5/22/25 at 12:06 pm to
To appeal a conviction in Louisiana, there must be a valid reason or legal basis for the appeal. There has to be some legal error or procedural mistake to use as grounds for the appeal.

Please correct me if I'm mistaken, lawyers.
Posted by tigerfootball10
Member since Sep 2005
10065 posts
Posted on 5/22/25 at 12:10 pm to
quote:

Sen. Royce Duplessis, D-New Orleans,


Our very own Senator Van Hollen

Democrats always fight for thugs
Posted by dkreller
Laffy
Member since Jan 2009
33787 posts
Posted on 5/22/25 at 12:12 pm to
Sounds like there’s now a valid reason since 2018 for them to raise an appeal should they choose to.

An appeal =/= a retrial

I am not a lawyer though so maybe I’m wrong.
This post was edited on 5/22/25 at 12:14 pm
Posted by Bard
Definitely NOT an admin
Member since Oct 2008
58632 posts
Posted on 5/22/25 at 12:13 pm to
I thought that since Ramos, all criminal felony convictions had to be unanimous?
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
471904 posts
Posted on 5/22/25 at 12:15 pm to
I don't think it was retroactive and this bill would create a path for re-trial via statute.
Posted by tigerfootball10
Member since Sep 2005
10065 posts
Posted on 5/22/25 at 12:18 pm to
quote:

I don't think it was retroactive and this bill would create a path for re-trial via statute.

Correct and thank God it failed
Posted by Bard
Definitely NOT an admin
Member since Oct 2008
58632 posts
Posted on 5/22/25 at 12:35 pm to
quote:

I don't think it was retroactive and this bill would create a path for re-trial via statute.


Thanks!

That said, I agree with not passing this. ~40% of pre-Ramos convictions were non-unanimous. Those were convictions which were reached under the laws at the time with the jurors having full knowledge of this.

Retroactively applying some procedural or technical change (as opposed to changing the legality/illegality of an action) would create far more problems than it would solve. Right off the bat, the court systems would likely get shut down with new appeals based on nothing more than that change.
Posted by 4cubbies
Member since Sep 2008
60431 posts
Posted on 5/22/25 at 1:06 pm to
quote:

Sounds like there’s now a valid reason since 2018 for them to raise an appeal should they choose to.



The argument from the State is that some of the convictions are from so long ago that evidence and witnesses are no longer accessible for many of these convictions.
Posted by Ozarkshillbilly
Missouri Ozarks
Member since Apr 2025
515 posts
Posted on 5/22/25 at 1:13 pm to
Haven't lived in Louisiana for a while, but is it still possible to be convicted nonunanimous jury? Doesn't that fail the "beyond a reasonable doubt" test for conviction?

Not arguing it's wrong per se. I know the UCMJ follows nonunanimous conviction, but didn't know some states still were.
Posted by FriendofBaruch
Member since Mar 2025
878 posts
Posted on 5/22/25 at 1:17 pm to
quote:

I still don't understand how siding with the government on matters involving criminal justice is conservative and distrusting the government in this context is considered liberal.

this is basically a bill to allow jury nullification

IOW, not trace of justice left after the nonsense were passed

I find it absurd that any modern person could support such a thing.

In fact, it would be a step toward more justice if the bill provided for retrial for suspected jury nullification

Posted by TigerintheNO
New Orleans
Member since Jan 2004
44606 posts
Posted on 5/22/25 at 1:20 pm to
Oregon and Louisiana were the last 2 states that didn't require unanimous verdicts
Posted by dgnx6
Member since Feb 2006
87930 posts
Posted on 5/22/25 at 1:23 pm to
quote:

I still don't understand how siding with the government on matters involving criminal justice is conservative and distrusting the government in this context is considered liberal.



It just depends.


Supreme Court says abortion to the states. Democrats try to kill justices.


Throw up bogus charges on Trump, arrest people at the capitol without due process, put in vaccine mandates and the democrats love judges again.

Posted by DeathValley85
Member since May 2011
19021 posts
Posted on 5/22/25 at 1:38 pm to
Well, what’s the number who would get retrials? Might simply be unrealistic for a variety of reasons.
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