Opinion
No. 2023-KP-01006
04-23-2024
STATE of Louisiana v. Steven Ray KILLINGSWORTH
Crichton, J., additionally concurs and assigns reasons.
Applying For Writ Of Certiorari, Parish of Caddo, 1st Judicial District Court Number(s) 341,125, Court of Appeal, Second Circuit, Number(s) 55,351-KH.
1Writ application denied.
Crichton, J., additionally concurs and assigns reasons.
Crichton, J., additionally concurs and assigns reasons.
1While I agree with this Court’s decision to deny the writ application in this case, I write separately to interpret the court of appeal’s incomplete, if not inartful, order remanding the case "with instructions for the trial court to consider the August 1, 2022, application on the merits." This imprecise language arguably suggests that the district court is limited to ruling on the merits of defendant’s application and, therefore, is barred from addressing the state’s procedural objections. In this case, since the matter is being remanded due to the improper consideration of the application by the recused judge, the new judge may consider the August 1, 2022 application pursuant to the procedures set forth at La.C.Cr.P. art. 924 et seq. These articles provide an orderly procedure for consideration of post-conviction applications. Indeed, article 927 provides that, "[i]f procedural objections are timely filed, no answer on the merits of the claim may be ordered until such objections have been considered and rulings thereon have become final." For these reasons, on remand, the district court may rule on any timely filed procedural objections raised by the state before considering the merits of defendant’s claims for relief.