STATE v. FERNANDEZ (2020)

Writ application granted in part. See per curiam.

Writ granted in part; case remanded. Defendant has raised a claim which falls under La.C.Cr.P. art. 930.8(A)(1), which provides an exception to the two-year time limit for filing applications for post-conviction relief. However, the district court is ordered to hold a hearing to determine whether the state has been prejudiced in its “ability to respond to, negate, or rebut the allegations of the petition ․ by events not under the control of the state which have transpired since the date of [defendant's] original conviction ․” See La.C.Cr.P. art. 930.8(B). If the state shows that defendant's delay has prejudiced it, the court shall dismiss the application; if the state does not make such a showing, the court must proceed to an adjudication on the merits of defendant's claims. In all other respects, the application is denied.

I would grant and dismiss the application for post-conviction relief for lack of due diligence.

Johnson, C.J., would deny. Hughes, J., additionally concurs and assigns reasons.