STATE OF LOUISIANA v. DARRELL DEWAYNE DRAUGHN (2025)

I agree with the reasons expressed by Justice Cole. The majority vacates an execution of sentence that is seventeen years after the finality of defendant's conviction and sentence. They do that with a motion pending in the trial court where evidence can be taken relative to any prejudice to the state that has resulted from these inordinate delays. See La. Code Crim. Pro. art. 930.8(B). There is no reason to act at this time. In fact, should the trial court determine that a post-conviction relief application pursued at this date results in prejudice to the state, the application will be dismissed. Id. Should the trial court reach that conclusion, the present writ application will be rendered moot. Again, there is no legal reason for this Court to act at this time. I dissent.

CRAIN, J., dissents for the reasons assigned by Justice Cole and assigns additional reasons.