STATE v. HICKS (2025)

Writ granted. The district court's ruling dismissing the application for post-conviction relief is reversed. We remand to the district court for the State to have an opportunity to submit an answer on the merits and then for a decision from the court on applicant's constitutional challenges to the provision within La.C.Cr.P. art. 930.8(A)(1) that forecloses him from relying upon new evidence to overcome the limitations period to assert an innocence claim pursuant to La.C.Cr.P. art. 926.2; and for a decision on applicant's ineffective assistance of counsel claim, which we find rests upon facts not previously known to him or his prior attorneys; and for a decision on his innocence claim according to the standards identified in State v. Conway, 01-2808 (La. 4/12/02), 816 So.2d 290 and State v. Pierre, 13-0873 (La. 10/15/13), 125 So.3d 403.

PER CURIAM

Weimer, C.J., dissents and would grant and docket. Crain, J., dissents and would deny.