State Of Louisiana v. Kashie Fernandez

Supreme Court of Louisiana
June 03, 2020
Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE OF LOUISIANA
VS.
KASHIE FERNANDEZ
No.2019-KP-01743
_ _
_ _ _ _
I
N RE: State of Louisiana - Applicant Plaintiff; Applying For Supervisory Writ,
Parish of Orleans Criminal, Criminal District Court Number(s) 480- 784, Court of
Appeal, Fourth Circuit, Number(s) 2019-K-0742;
_ _ _ _ _ _
June 03, 2020
Writ application granted in part. See per curiam.
Johnson, C.J., would deny.
Hughes, J., additionally concurs and assigns reasons.
SJC
JLW
JDH
JTG
WJC
JHB
06/03/2020 "See News Release 020 for any Concurrences and/or Dissents."

06/03/20
S
UPREME COURT OF LOUISIANA
No
. 19-KP-1743
S
TATE OF LOUISIANA
v.
K
ASHIE FERNANDEZ
O
N SUPERVISORY WRITS TO THE CRIMINAL
DISTRICT COURT, PARISH OF ORLEANS
PE
R CURIAM:
W
rit granted in part; case remanded. Defendant has raised a claim which
falls under La.C.Cr.P. art. 930.8(A)(1), which provides an exception to the two-
year time limit for filing applications for post-conviction relief. However, the
district court is ordered to hold a hearing to determine whether the state has been
prejudiced in its “ability to respond to, negate, or rebut the allegations of the
petition . . . by events not under the control of the state which have transpired since
the date of [defendant’s] original conviction . . . .” See La.C.Cr.P. art. 930.8(B). If
the state shows that defendant’s delay has prejudiced it, the court shall dismiss the
application; if the state does not make such a showing, the court must proceed to
an adjudication on the merits of defendant’s claims. In all other respects, the
application is denied.