State Of Louisiana v. Brandon L. Pike

Supreme Court of Louisiana
December 21, 2021
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE OF LOUISIANA
VS.
BRANDON L. PIKE
No. 2021-KH-01500
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I
N RE: Brandon L. Pike - Applicant Defendant; Applying For Supervisory Writ,
Parish of Jefferson, 24th Judicial District Court Number(s) 17-661, Court of Appeal,
Fifth Circuit, Number(s) 21-KH-512;
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December 21, 2021
Writ application granted in part. See per curiam.
WJC
JLW
JDH
SJC
JTG
JBM
PDG
12/21/2021 "See News Release 051 for any Concurrences and/or Dissents."

SUPREME COURT OF LOUISIANA
No. 21-KH-1500
STATE OF LOUISIANA
v.
BRANDON PIKE
ON SUPERVISORY WRITS TO THE TWENTY-FOURTH
JUDICIAL DISTRICT COURT, PARISH OF JEFFERSON
PER CURIAM:
Writ granted in part; case remanded to the district court. Code of Criminal
Procedure art. 930.8 does not bar consideration of the application for post -
conviction relief. See La.C.Cr.P. art. 930.8(A) (“No application for post conviction
relief, including applications which seek an out-of-time appeal, shall be considered
if it is filed more than two years after the judgment of conviction and sentence has
become final”) (emphasis added); see also La.C.Cr.P. art. 922(D). The district
court is ordered to grant applicant an ou t-of-time appeal of his habitual offender
adjudication and sentence and appoint counsel to prosecute it. State v.
Counterman, 475 So.2d 336, 340 (La. 1985).
In all other respects, the application is denied.
12/21/21