Opinion
NO. 2018 KW 0614
07-23-2018
STATE OF LOUISIANA v. JAMES SKINNER
In Re: James Skinner, applying for supervisory writs, 21st Judicial District Court, Parish of Livingston, No. 01-FELN-015992. BEFORE: THERIOT, HOLDRIDGE, AND PENZATO, JJ.
WRIT GRANTED. Taking into account the circumstances of the petitioner, the district court erred by sustaining the State's procedural objections. Accordingly, the ruling sustaining the State's procedural objections is reversed and this matter is remanded for a hearing at which the district court will afford the State the opportunity to show that delay caused by events not under its control have prejudiced its ability to respond to, negate, or rebut the allegations of the application for postconviction relief. See La. Code Crim. P. art. 930.8(B). If the State does not make this showing, the district court shall determine on the merits whether the State suppressed material exculpatory information in violation of the rule of Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963) and progeny.
MRT
GH
AHP
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT