STATE OF LOUISIANA V. KERMIT PARKER (2024)

Writ application granted in part. See per curiam.

SJC

JLW

JDH

PDG

Supreme Court of Louisiana November 15, 2024

11/15/24

SUPREME COURT OF LOUISIANA

No. 2024-KP-0457

STATE OF LOUISIANA

VS.

KERMIT PARKER

On Supervisory Writ to the 19th Judicial District Court, Parish of East Baton Rouge

PER CURIAM:

Writ granted in part; otherwise denied. Applicant failed to present evidence that is both new and sufficiently corroborated in accordance with La.C.Cr.P. art. 926.2(B)(2), (B)(1)(a). Therefore, applicant's claim of factual innocence was properly dismissed initially, see La.C.Cr.P. arts. 929, 930, and we grant the State's application here in part to vacate that portion of the district court's ruling that directed the State to file an answer to the applicant's claim of factual innocence. In addition, we note that applicant conflates the materiality standard of Brady with the statutory requisites for establishing entitlement to relief under La.C.Cr.P. art. 926.2.

The application is otherwise denied, and the matter is remanded for further proceedings on applicant's claim involving alleged violations of Brady v. Maryland, 373 U.S. 83, 87, 83 S.Ct. 1194, 1196, 10 L.Ed.2d 215 (1963). Before ruling on the Brady claims and before determining whether an evidentiary hearing will be required, the district court is instructed to first consider and rule upon any procedural objections. See generally La.C.Cr.P. art. 930(C).

REVERSED AND REMANDED

I respectfully dissent and would dismiss defendant's application for postconviction relief in its entirety. The application was not timely filed in the district court, and defendant fails to carry his burden to show that an exception applies. La.C.Cr.P. art. 930.8; State ex rel. Glover v. State, 93-2330 (La. 9/5/95), 660 So.2d 1189. He also fails to meet the requirements to assert a claim of factual innocence under La.C.Cr.P. art. 926.2.

Knoll, J., dissents and assigns reasons.