State Of Louisiana v. James Spikes, Sr.

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT

STATE OF LOUISIANA NO. 2020 KW 1098

VERSUS

JAMES J. SPIKES, SR. DECEMBER 21, 2020

In Re: James J. Spikes, Sr., applying for supervisory writs,
22nd Judicial District Court, Parish of Washington,
No. 130- CR4- 123350.

BEFORE: WHIPPLE, C. J., WELCH AND CHUTZ, JJ.

WRIT GRANTED. The record of the Clerk of Court of

Washington Parish shows that on November 17, 2018, relator

timely filed an application for postconviction relief wherein he
claimed the evidence was insufficient to support the conviction,
ineffective assistance of counsel, and the prosecutor knowingly
used to
perjured testimony obtain the conviction. Relator
supplemented the postconviction application with an additional

non - unanimous jury claim in April 2019. There is no record of a
ruling on relator' s original claims for postconviction relief,

and the June 27, 2019 ruling does not address those claims.

Therefore, the ruling denying the motion to reopen collateral

review is vacated, and this matter is remanded to the district
court for further proceedings. The district court should order

the district attorney to file any procedural objections he may
have or an answer on the merits if there are no procedural

objections. See La. Code Crim. P. art. 927. If the district
court determines that the factual and legal issues can be
resolved based upon the application and answer, and supporting
documents submitted by either party or available to the court,
the court may grant or
deny relief without further proceedings.
See La.Code Crim. P. art. 929( A).

VGW
JEW
WRC

COURT OF APPEAL, FIRST CIRCUIT

EPUTY G ER OF COURT
FOR THE COURT