The Third Circuit Court of Appeal has ruled that because a Catahoula jury failed to reach a unanimous verdict on a second-degree murder charge that the man found guilty in the murder of his father should be retried. 

Charles Bradley Dosher also was convicted for possession of a firearm by a convicted felon on a non-unanimous vote. 

There was a unanimous verdict on a third charge -- aggravated flight from an officer. 

Dosher was indicted on these charges on July 12, 2018. 

Represented in Seventh Judicial District Court in Harrisonburg by New Orleans attorney Martin Regan, Dosher was accused of shooting his father, 64-year-old Charles Virgil Dosher, with one blast from a sawed-off .410 shotgun. 

District Attorney Brad Burget prosecuted the case. 

According to the Third Circuit, “Defendant {Charles Bradley Dosher} proceeded to trial on all three charges on October 1, 2019, following a day-long jury selection. On October 4, 2019, the jury returned guilty verdicts on all three counts.” 

It was learned during the polling of the jury that Dosher was convicted on a 10-2 jury verdict on the second-degree murder charge and on a 11-1 verdict on the charge of possession of a firearm by a convicted felon charge. 

On November 26, 2019, Judge John Reeves sentenced Charles Bradley Dosher to “life imprisonment without the benefit of probation, parole, or suspension of sentence on second degree murder the charges and 20 years without benefits for possession of a firearm by a convicted felon.”

Dosher got five years for aggravated flight from an officer. 

On appeal, Dosher asserted two assignments of error – that the convictions for second degree murder and possession of a firearm by a convicted felon “are unconstitutional because they were non-unanimous” and that “the trial court committed a non-harmless error when it instructed the jury that it could convict Defendant with a less than unanimous verdict.” 

Consequently, the circuit court ruled that the second-degree murder conviction should be vacated and remanded to the trial court for a new trial. 

Dosher was convicted “of the second-degree murder of his father

following a physical argument on January 28, 2018 … After reviewing the record, we note that there is an error patent involving the jury’s return of a non-unanimous jury verdict for second degree murder … In this assignment of error, defendant contends that his 10-to-2 guilty verdict is unconstitutional under Ramos v. Louisiana” in which the “Supreme Court ruled that the Sixth Amendment to the United States Constitution requires that all felony convictions be based upon a unanimous jury verdict.” 

The “Louisiana supreme court noted that the holding of Ramos applied to all cases that were pending on direct review at the time of the holding. As Defendant’s appeal was pending when Ramos was issued on April 4, 2020, the ruling clearly applies to his case. Indeed, the State has conceded the conviction must be vacated and remanded for a new trial.” 

Because of this, the court noted, Dosher’s conviction and sentence for second degree murder “must be vacated and remanded to the trial court for a new trial.” 

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