State Of Louisiana v. Kevin O'brien Allen

The Supreme Court of the State of Louisiana
STATE OF LOUISIANA
VS.
KEVIN O'BRIEN ALLEN
No.2019-KH-01606
_ _
_ _ _ _
I
N RE: Kevin O'Brien Allen - Applicant Defendant; Applying For Supervisory Writ,
Parish of Bossier, 26th Judicial District Court Number(s) 199,853, Court of Appeal,
Second Circuit, Number(s) 53,132-KH;
_ _ _ _ _ _
June 22, 2020
Writ application granted. See per curiam.
Crain, J., would deny.
JDH
BJJ
JLW
SJC
JTG
JHB
06/22/2020 "See News Release 022 for any Concurrences and/or Dissents."

06/22/20
S
UPREME COURT OF LOUISIANA
No
. 2019-K-01606
S
TATE OF LOUISIANA
v.
KEV
IN O’BRIEN ALLEN
O
N SUPERVISORY WRITS TO THE SECOND CIRCUIT,
COURT OF APPEAL, PARISH OF BOSSIER
PE
R CURIAM:
W
rit granted. The matter is remande d, and the district court is ordered to
fulfill petitioner’s document request and allow for supplementation of the
application for post-conviction relief after petitioner’s receipt of those documents.
See State ex rel. Bernard v. Cr.D.C. , 94-2247, p. 1 (La. 4/28/95), 653 So.2d 1174,
1175 (finding a “particularized need” for the production of documents where an
application for post -conviction relief sets forth specific claims of constitutional
errors requiring the requested documents for support). Thereafter, the district court
shall determine whether the claims of prosecutorial misconduct and ineffective
assistance of counsel can be resolved summarily or require an evidentiary hearing.
See La.C.Cr.P. art. 929(A) (“If the court determines that the factual and legal
issues can be resolved based upon the application and answer, and supporting
documents, including relevant transcripts, depositions, and other reliable
documents submitted by either party or available to the court, the court may grant
or deny relief without further proceedings.”); La.C.Cr.P. art. 930(A) (“An
evidentiary hearing for the taking of testimony or other evidence shall be ordered

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whenever there are questions of fact which cannot properly be resolved pursuant to
Articles 928 and 929.”).
REMANDED