State Of Louisiana v. Monique O. Kitts

Supreme Court of Louisiana
March 07, 2023
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE OF LOUISIANA
VS.
MONIQUE O. KITTS
No. 2021-KP-01557
_ _
_ _ _ _
I
N RE: Monique O. Kitts - Applicant Defendant; Applying For Supervisory Writ,
Parish of West Baton Rouge, 18th Judicial District Court Number(s) 130500, Court
of Appeal, First Circuit, Number(s) 2021 KW 0945;
_ _ _ _ _ _
March 07, 2023
Writ application granted. See per curiam.
Crichton, J., dissents.
McCallum, J., dissents.
JTG
JLW
JDH
WJC
PDG
03/07/2023 "See News Release 012 for any Concurrences and/or Dissents."

03/07/2023
S UPREME COURT OF LOUISIANA
No
. 21-KP-1557
S
TATE OF LOUISIANA
v.
M
ONIQUE O. KITTS
O
N SUPERVISORY WRITS TO THE EIGHTEENTH
JUDICIAL DISTRICT COURT, PARISH OF WEST BATON ROUGE
PE
R CURIAM:
W
rit granted. The trial court erred in its reliance on Edwards v. Vannoy, 593
U.S. ___, 141 S.Ct. 1547, 209 L.Ed.2d 651 (2021) and Ramos v. Louisiana , 590
U.S. ___, 140 S.Ct. 1390, 206 L.Ed.2d 583 (2020). The matter is remanded. The
district court shall determine whether to rule on the post -conviction application
summarily, under La.C.Cr.P. art. 929, or whether an evidentiary hearing is
warranted under La.C.Cr.P. art. 930. Thereafter, the district court shall issue a
written ruling that addresses the claim of ineffective assistance of counsel
presented in the post-conviction application, which was filed in the trial court on or
about February 3, 2020.