if it is filed more than two years after the judgment of conviction and sentence has become final under the provisions of Article 914 or 922, unless … the claim asserted in the petition is based upon a final ruling of an appellate court establishing a theretofore unknown interpretation of constitutional law and petitioner establishes that this interpretation is retroactively applicable to his case, and the petition is filed within one year of the finality of such ruling.” In Ramos, supra, the United States Supreme Court held that the Sixth Amendment right to a jury trial, as incorporated against the states by the Fourteenth Amendment, requires a unanimous verdict to convict a defendant of a serious offense.
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The trial court did not make a specific ruling as to Relator’s request for stay. Vannoy, supra, was decided on May 17, 2021. 930.8(A)(2) provides, “No application for post-conviction relief, including applications which seek an out-of-time appeal, shall be considered 1 2 Edwards v. 1547, 209 L.Ed.2d 651 (2021), which was pending at the time relator filed his APCR.1 On July 13, 2021, the trial court held a hearing on Relator’s Ramos claim and denied relief, finding that Ramos applied to cases not yet final, and Relator’s convictions and sentences were final.2 Relator now challenges that ruling.
Relator also requested a stay of the proceedings based on the outcome of Edwards v. 1390, 206 L.Ed.2d 583 (2020), should be applied retroactively to his case. On March 17, 2021, Relator, through counsel, filed an APCR with the trial court, arguing Ramos v. Relator’s conviction and sentence were affirmed by this Court on December 12, 2013.
On September 17, 2012, after a habitual offender bill hearing, the trial court found Relator to be a fifth-felony offender, and he was sentenced to 50 years imprisonment at hard labor without benefit of parole, probation, or suspension of sentence. On May 17, 2002, a jury found Relator guilty of aggravated battery. Windhorst WRIT DENIED Relator, Darren James Sterling, seeks review of the trial court’s Jdenial of his application for post-conviction relief (“APCR”). Vega Chief Deputy Clerk IN RE DARREN JAMES STERLING APPLYING FOR SUPERVISORY WRIT FROM THE FORTIETH JUDICIAL DISTRICT COURT, PARISH OF ST JOHN THE BAPTIST, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE NGHANA LEWIS, DIVISION "B", NUMBER 11,2 Panel composed of Judges Marc E.
21-KH-638 FIFTH CIRCUIT VERSUS COURT OF APPEAL TIMOTHY HOOPER, WARDEN, ELAYN HUNT CORRECTIONAL FACILITY STATE OF LOUISIANA OctoNancy F.