State Of Louisiana v. Donald Ross

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

STATE OF LOUISIANA NO. 2019 KW 0626

VERSUS

DONALD ROSS
AUG 19 2019

In Re: Donald Ross, applying for supervisory writs, 23rd
Judicial District Court, Parish of Assumption, No.
8867.

BEFORE: MCCLENDON, WELCH, AND HOLDRIDGE, JJ.

WRIT DENIED.

PMc
GH

Welch, J., dissents and would grant the writ application.

I would vacate the district court' s ruling and remand the matter
to the district court for a determination of the timeliness of

relator' s application for postconviction relief based on

relator' s claims of
newly discovered evidence contained in the
2018 affidavit of co- defendant, Rodney Johnson, pursuant to La.
Code Crim. P. arts. 928 and 929. Further, if it was determined
that the application raised factual or legal issues which could

not be resolved upon the application, answer, and supporting
documentation, I would order the district court to conduct an

evidentiary hearing on the matter pursuant to La. Code Crim. P.
art. 930.

COURT OF APPEAL; FIRST CIRCUIT

DEPUTY C ER OF COURT
FOR THE COURT