Opinion
No. 2019-KH-01606
06-22-2020
STATE of Louisiana v. Kevin O'Brien ALLEN
Writ application granted. See per curiam.
Crain, J., would deny.
PER CURIAM:
ON SUPERVISORY WRITS TO THE SECOND CIRCUIT, COURT OF APPEAL, PARISH OF BOSSIER
Writ granted. The matter is remanded, and the district court is ordered to fulfill petitioner's document request and allow for supplementation of the application for post-conviction relief after petitioner's receipt of those documents. See State ex rel. Bernard v. Cr.D.C. , 94-2247, p. 1 (La. 4/28/95), 653 So.2d 1174, 1175 (finding a "particularized need" for the production of documents where an application for post-conviction relief sets forth specific claims of constitutional errors requiring the requested documents for support). Thereafter, the district court shall determine whether the claims of prosecutorial misconduct and ineffective assistance of counsel can be resolved summarily or require an evidentiary hearing. See La.C.Cr.P. art. 929(A) ("If the court determines that the factual and legal issues can be resolved based upon the application and answer, and supporting documents, including relevant transcripts, depositions, and other reliable documents submitted by either party or available to the court, the court may grant or deny relief without further proceedings."); La.C.Cr.P. art. 930(A) ("An evidentiary hearing for the taking of testimony or other evidence shall be ordered whenever there are questions of fact which cannot properly be resolved pursuant to Articles 928 and 929.").