STATE OF LOUISIANA v. MONIQUE KITTS (2023)

Writ application granted. See per curiam.

JTG

JLW

JDH

WJC

PDG

Supreme Court of Louisiana March 07, 2023

SUPREME COURT OF LOUISIANA

No. 21-KP-1557

STATE OF LOUISIANA

v.

MONIQUE O. KITTS

ON SUPERVISORY WRITS TO THE EIGHTEENTH JUDICIAL DISTRICT COURT, PARISH OF WEST BATON ROUGE

PER CURIAM:

Writ granted. The trial court erred in its reliance on Edwards v. Vannoy, 593 U.S. ___, 141 S.Ct. 1547, 209 L.Ed.2d 651 (2021) and Ramos v. Louisiana, 590 U.S. ___, 140 S.Ct. 1390, 206 L.Ed.2d 583 (2020). The matter is remanded. The district court shall determine whether to rule on the post-conviction application summarily, under La.C.Cr.P. art. 929, or whether an evidentiary hearing is warranted under La.C.Cr.P. art. 930. Thereafter, the district court shall issue a written ruling that addresses the claim of ineffective assistance of counsel presented in the post-conviction application, which was filed in the trial court on or about February 3, 2020.

Crichton, J., dissents. McCallum, J., dissents.