2019-KK-01962 Precedential Writ application granted. Processed

State Of Louisiana v. Justin Davis

Louisiana Supreme Court · Filed April 27, 2020

Opinion text

Supreme Court of Louisiana
April 27, 2020
Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE OF LOUISIANA
VS.
JUSTIN DAVIS
No.2019-KK-01962
_ _ _ _ _ _
IN RE: Jus
tin Davis - Applicant Defendant; Applying For Writ Of Certiorari, Parish
of East Baton Rouge, 19th Judicial District Court Number(s) 10 -11-0644, Court of
Appeal, First Circuit, Number(s) 2019 KW 1343;
_ _ _ _ _ _
April 27, 2020
Writ application granted. See per curiam.
Johnson, C.J., additionally concurs and assigns reasons.
Crain, J., would deny.
JDH
BJJ
JLW
SJC
JTG
JHB
04/27/2020 "See News Release 013 for any Concurrences and/or Dissents."

04/27/20
S
UPREME COURT OF LOUISIANA
No
. 2019-KK-01962
STA
TE OF LOUISIANA
ve
rsus
J
USTIN DAVIS
O
N WRIT OF CERTIORARI TO THE COURT OF APPEAL,
FIRST CIRCUIT, PARISH OF E. BATON ROUGE
PE
R CURIAM:
W
rit granted. Under the unusual circumstances here, and in the interests of
justice, we grant defendant’s application to reverse the ruling of the court of
appeal, which found defendant’s application for post-conviction relief is time -
barred. We reinstate the ruling of the district court, and we remand to the district
court to conduct an evidentiary hearing on defendant’s claim of ineffective
assistance of trial counsel for failing to investigate and present an alibi defense (as
evidenced by the ten corroborating affiants).
REVERSED AND REMANDED