STATE v. BAILEY (2020)

Writ application granted in part. See per curiam.

Writ granted in part. The district court erred in barring consideration of petitioner's application for post-conviction relief based on a hyper-technical application of the pleading requirements found in La.C.Cr.P. art. 926. See, e.g., State ex rel. Johnson v. Maggio, 440 So.2d 1336, 1337 (La. 1983) (a pro se petitioner “is not to be denied access to the courts for review of his case on the merits by the overzealous application of form and pleading requirements or hyper-technical interpretations of court rules.”). The matter is remanded for further consideration under La.C.Cr.P. arts. 927-930. On remand, the district court also should consider the continued legality of petitioner's life sentence under State v. Lyles, 19-0203 (La. 10/22/19), 286 So.3d 407. The application is otherwise denied.