From Casetext: Smarter Legal Research

State v. Dietz

SUPREME COURT OF LOUISIANA
Jan 28, 2019
262 So. 3d 278 (La. 2019)

Opinion

No. 2016-KP-1538

01-28-2019

STATE of Louisiana v. Ashley DIETZ


ON SUPERVISORY WRITS TO THE CRIMINAL DISTRICT COURT, PARISH OF ORLEANS

PER CURIAM:

Writ granted in part. The district court erred in summarily ruling that the application for post-conviction relief, which is based on a sealed videotaped interview with the victim to which post-conviction counsel did not obtain access until 2016, is barred by the post-conviction limitations period. See La.C.Cr.P. art. 930.8(A)(1). Accordingly, we grant the application in part and remand to the district court to conduct an evidentiary hearing on the claim of ineffective assistance of counsel. In addition, the district court is ordered to allow the transcription of the victim's videotaped interview, which is to be introduced into evidence and maintained under seal. In all other respects, the application is denied.

GUIDRY, J., would deny.

CLARK, J., would deny.


Summaries of

State v. Dietz

SUPREME COURT OF LOUISIANA
Jan 28, 2019
262 So. 3d 278 (La. 2019)
Case details for

State v. Dietz

Case Details

Full title:STATE OF LOUISIANA v. ASHLEY DIETZ

Court:SUPREME COURT OF LOUISIANA

Date published: Jan 28, 2019

Citations

262 So. 3d 278 (La. 2019)