Opinion
NO. 2016 KW 1553
02-21-2017
STATE OF LOUISIANA v. BILLY R. CRAIN, JR.
In Re: Billy R. Crain, Jr., applying for supervisory writs, 22nd Judicial District Court, Parish of Washington, Nos. 13-CR9-122954 & 13-CR9-122955. BEFORE: PETTIGREW, McDONALD, AND CALLOWAY, JJ.
WRIT GRANTED WITH ORDER. In light of the apparent mishap with the audio recording equipment during the Boykin examination, this Court cannot adequately review the instant and relator's prior writ applications. See La. Const, art. I, § 19. Accordingly, the district court's ruling on relator's application for postconviction relief is vacated, and this matter is remanded to the district court for further proceedings. The district court should order the State to file a response to relator's claims for postconviction relief, and set this matter for an evidentiary hearing. The district court is further instructed to appoint counsel to represent relator on his postconviction claims.
JMM
CAC
JTP
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT
Calloway, J., serving as judge pro tempore of the Court of Appeal, First Circuit, by special appointment of the Louisiana Supreme Court.