STATE v. SILAS II (2024)

In 2021, a DeSoto Parish jury found applicant guilty as charged of first degree rape of a victim under the age of 13. The court sentenced him to life imprisonment without parole eligibility. The court of appeal affirmed. State v. Silas, 54,582 (La. App. 2 Cir. 9/21/22), 348 So.3d 866, writ denied, 2022-01486 (La. 12/6/22), 351 So.3d 368. In 2023, applicant filed a post-conviction relief application in the district court, asserting numerous claims including ineffective assistance of counsel. The district court initially set the matter for an evidentiary hearing but, after reviewing the State's response to the application, denied relief summarily. After reviewing the application and exhibits, we find the district court erred in not conducting evidentiary hearing. See generally 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.”); see also State ex rel. Tassin v. Whitley, 602 So.2d 721, 722 (La. 1992). Here, the factual and legal issues cannot be resolved based solely on the available documents. Accordingly, we reverse the district court ruling that summarily denied relief and we remand with instructions to conduct an evidentiary hearing on the claims.

REMANDED

FOOTNOTES

FOOTNOTE.  

PER CURIAM:  * FN* Retired Justice Jeannette T. Knoll, appointed Justice pro tempore, sitting for the vacancy in the Third District.

Crain, J., dissents. McCallum, J., dissents.