2019-KH-02092 Precedential Writ application granted. Processed

State Of Louisiana v. Kiara Rideau

Louisiana Supreme Court · Filed August 14, 2020

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Opinion text

Supreme Court of Louisiana
August 14, 2020
Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE OF LOUISIANA
VS.
KIARA RIDEAU
No.2019-KH-02092
_ _ _ _ _ _
IN RE: Kiara Rideau - Applicant Defendant; Applying For Supervisory Writ, Parish
of St. Landry, 27th Judicial District Court Number(s) 15 K-4788-B, Court of Appeal,
Third Circuit, Number(s) KH 19-00587;
_ _ _ _ _ _
August 14, 2020
Writ application granted. See per curiam.
Hughes, J., would grant and remand to the court of appeal.
Crain, J., would grant and remand to the court of appeal.
BJJ
JLW
SJC
JTG
JHB
08/14/2020 "See News Release 029 for any Concurrences and/or Dissents."

08/14/20
S
UPREME COURT OF LOUISIANA
No
. 19-KH-2092
S
TATE OF LOUISIANA
v.
K
IARA RIDEAU
O
N SUPERVISORY WRITS TO THE TWENTY-SEVENTH
JUDICIAL DISTRICT COURT, PARISH OF ST. LANDRY
PE
R CURIAM:
W
rit granted. The matter is remanded to the district court, which is ordered
to hold a hearing at which it will allow defendant to withdraw his guilty plea if he
persists in that desire after consulting with counsel. The record below supports
defendant’s claim (and the State concedes) that misinformation with regard to his
eligibility for early release precluded him from making his decision to waive trial
and enter his plea “with eyes open.” Adams v. United States ex rel. McCann , 317
U.S. 269, 279, 63 S.Ct. 236, 242, 87 L.Ed. 268 (1942); see also State v. Galliano ,
396 So.2d 1288, 1290-91 (La. 1981).