2020-KH-00252 Precedential Granted in part; otherwise denied. Processed

Clerk of Court For the Court State Of Louisiana v. Alonzo T. Washington

Louisiana Supreme Court · Filed October 6, 2020

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Opinion text

The Supreme Court of the State of Louisiana
Clerk of Court
For the Court
STATE OF LOUISIANA
VS.
ALONZO T. WASHINGTON
No.2020-KH-00252
_ _ _ _ _ _
IN RE: Alonzo T. Washington - Applicant Defendant; Applying For Supervisory
Writ, Parish of Bossier, 26th Judicial District Court Number(s) 200,474, Court of
Appeal, Second Circuit, Number(s) 53,471-KH;
_ _ _ _ _ _
October 06, 2020
Granted in part; otherwise denied. See per curium.
JTG
BJJ
JLW
JDH
SJC
WJC
JHB
Supreme Court of Louisiana
October 06, 2020
10/06/2020 "See News Release 037 for any Concurrences and/or Dissents."

10/06/20
S
UPREME COURT OF LOUISIANA
No
. 20-KH-0252
S
TATE OF LOUISIANA
v.
A
LONZO T. WASHINGTON
O
N SUPERVISORY WRITS TO THE TWENTY-SIXTH
JUDICIAL DISTRICT COURT, PARISH OF BOSSIER
PE
R CURIAM:
Gr
anted in part. The district court improperly denied the claim raised in
petitioner’s original application without ordering an evidentiary hearing. See
La.C.Cr.P. art. 930(A) (evidentiary hearing required whenever there are questions
of fact that cannot properly be resolved pursuant to Articles 928 and 929). The
matter is remanded for the district court to conduct an evidentiary hearing at which
petitioner shall be represented by counsel. Additionally, the district court erred in
finding the claims in petitioner’s supplemental application to be untimely. See
La.C.Cr.P. art. 930.8; see also State v. Washington, 50,337 (La. App. 2 Cir.
1/13/16), 185 So.3d 852, writ denied, 16 -0224 (La. 2/3/17), 215 So.3d 688;
La.C.Cr.P. art. 922(D). On remand, the district court shall consider whether those
claims can be addressed under La.C.Cr.P. arts. 928 and 929, or whether an
evidentiary hearing is required under La.C.Cr.P. art. 930.
In all other respects, the application is denied.