State Of Louisiana v. Joe Litton Bailey

Supreme Court of Louisiana
July 24, 2020
Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE OF LOUISIANA
VS.
JOE LITTON BAILEY
No.2019-KH-01337
_ _
_ _ _ _
I
N RE: Joe Litton Bailey - Applicant Defendant; Applying For Supervisory Writ,
Parish of Caddo, 1st Judicial District Court Number(s) 320986, Court of Appeal,
Second Circuit, Number(s) 53035KH;
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July 24, 2020
Writ application granted in part. See per curiam.
WJC
BJJ
JLW
JDH
JTG
JHB
07/24/2020 "See News Release 027 for any Concurrences and/or Dissents."

07/24/20
S
UPREME COURT OF LOUISIANA
No
. 19-KH-1337
S
TATE OF LOUISIANA
v.
J
OE LITTON BAILEY
O
N SUPERVISORY WRITS TO THE FIRST
JUDICIAL DISTRICT COURT, PARISH OF CADDO
PE
R CURIAM:
W
rit 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.