State Of Louisiana v. Carol Noland Saltzman And Robyn B. Little Davis

Supreme Court of Louisiana
May 23, 2023
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE OF LOUISIANA
VS.
CAROL NOLAND SALTZMAN AND ROBYN B.
LITTLE DAVIS
No. 2022-KP-01329
_ _
_ _ _ _
I
N RE: Carol Noland Saltzman - Applicant Defendant; Robyn B. Little Davis -
Applicant Defendant; Applying For Supervisory Writ, Parish of Calcasieu, 14th
Judicial District Court Number(s) 34876 -09, Court of Appeal, Third Circuit,
Number(s) KW 19-00606;
_ _ _ _ _ _
May 23, 2023
Writ application granted. See per curiam.
Crichton, J., concurs in part and dissents in part and assigns reasons.
Griffin, J., concurs in part and dissents in part for reasons assigned by Justice
Crichton.
JLW
JDH
JTG
WJC
JBM
05/23/2023 "See News Release 026 for any Concurrences and/or Dissents."

S
UPREME COURT OF LOUISIANA
No
. 22-KP-1329
S
TATE OF LOUISIANA
v.
CARO
L NOLAND SALTZMAN, ET AL
O
N SUPERVISORY WRITS TO THE FOURTEENTH
JUDICIAL DISTRICT COURT, PARISH OF CALCASIEU
PE
R CURIAM:
W
rit granted. Defendants have adequately demonstrated that their
applications for post-conviction relief, arguing several alleged violations of Brady
v. Ma
ryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963), overcome the
procedural bar of La.C.Cr.P. art. 930.8(A) by proving application of the exception
found in La.C.Cr.P. art. 930.8(A)(1) — ”the facts upon which the claim is
predicated were not known to the petitioner[s] or [their] prior attorneys” and they
“exercised diligence in attempting to discover any post conviction claims that may
exist.” The matter is remanded to the district court for further consideration of the
merits of their claims.
On remand, if the district court determines that the factual and legal issues
can be resolved upon the application and answer, and supporting documents
submitted by either party or available to the court, it may grant or deny relief
without further proceedings. See La.C.Cr.P. art. 929(A). Otherwise, the court shall
conduct an evidentiary hearing. See La.C.Cr.P. art. 930(A).
05/23/23