State Of Louisiana v. Walter Fairley

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT

STATE OF LOUISIANA NO. 2020 KW 0472

VERSUS

WALTER D. FAIRLEY SEPTEMBER 3, 2020

In Re: State of Louisiana, for
applying supervisory writs,
22nd Judicial District Court, Parish St.
of
Tammany,
No. 543, 474.

BEFORE: McDONALD, THERIOT, AND CHUTZ, TT.

WRIT GRANTED. Respondent relies upon the decision in State
v. Horn, 2016- 0559 ( La. 9/ 7/ 18), 251 So - 3d 1069, to establish
the timeliness of his application for postconviction relief,
which was filed an or about July 30, 2019. In Horn, the
Louisiana Supreme Court expressly relied the in
upon
holding
McCoy v. Louisiana, 584 U. S. , 138 S. Ct. 1500, 200 L. Ed. 2d
821 ( 2018), in finding merit in the defendant' s claim that his
Sixth Amendment rights were violated when his attorneys conceded
his guilt over his explicit objection. See Horn, 251 So. 3d at
1076. Thus, the final of
ruling an appellate court

establishing" a theretofore unknown interpretation of
constitutional law was rendered by United States Supreme Court
in McCoy on May 14, 2018. Therefore, the district court erred
by finding that respondent met his burden of proving an

exception to the mandatory time limitation set forth in La. Code
Crim. P. art. 930. 8, as respondent failed to file his
application for postconviction relief within one year of the
McCoy decision. Accordingly, the writ application is granted,

the district court' s decision to overrule the State' s procedural
objections is reversed, and this matter is remanded for the
district court to enter an order sustaining those objections.
JMM
MRT
WRC

COURT OF APPEAL, FIRST CIRCUIT

EPUT RERK OF COURT
FOR THE COURT