State Of Louisiana v. Kelvin Stewart

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

STATE OF LOUISIANA NO. 2021 KW 0815

VERSUS

KELVIN STEWART NOVEMBER 12, 2021

In Re: Kelvin Stewart, applying for supervisory writs, 23rd
Judicial District Court, Parish of Ascension, No.

24, 771.

BEFORE: GUIDRY, HOLDRIDGE, AND CHUTZ, JJ.

WRIT DENIED.

GH
WRC

Guidry, J. dissents and would grant the writ application.

I would vacate the district court' s ruling denying relator' s

application for postconviction relief and remand this matter to

the district court to reconsider its ruling in light of State v.
Harris, 2018- 1012 ( La. 7/ 9/ 20), _ So. 3d , 2020 WL 3867207,
and to allow the state to file a response, if it had not already
done so.

COURT OF APPEAL, FIRST CIRCUIT

DEPUT$ CERIX OURT
FOR THE COURT