State Of Louisiana v. Jesse Lee Silas, II

Supreme Court of Louisiana
October 01, 2024
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE OF LOUISIANA
VS.
JESSE LEE SILAS, II
No. 2024-KH-00559
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I
N RE: Jesse Lee Silas, II - Applicant Defendant; Applying For Supervisory Writ,
Parish of Desoto, 42nd Judicial District Court Number(s) 20-CR-31241, Court of
Appeal, Second Circuit, Number(s) 55,821-KH;
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October 01, 2024
Writ application granted. See per curiam.
Crain, J., dissents.
McCallum, J., dissents.
PDG
JLW
JDH
SJC
JTK
10/01/2024 "See News Release 044 for any Concurrences and/or Dissents."

SUPREME COURT OF LOUISIANA
No. 2024-KH-00559
STATE OF LOUISIANA
VS.
JESSE LEE SILAS, II
On Supervisory Writ to the 42nd Judicial District Court, Parish of Desoto
PER CURIAM:*
In 2021, a DeSoto Parish jury found applicant guilty as charged of first
degree rape of a victim under the age of 13. The court sentenced him to life
imprisonment without parole eligibility. The court of appeal affirmed. State v.
Silas, 54,582 (La. App. 2 Cir. 9/21/22), 348 So.3d 866, writ denied, 2022-01486
(La. 12/6/22), 351 So.3d 368. In 2023, applicant filed a post -conviction relief
application in the district court, asserting numerous claims including ineffective
assistance of counsel. The district court initially set the matter for an evidentiary
hearing but, after reviewing the State’s response to the application, denied relief
summarily. After reviewing the application and exhibits, we find the district court
erred in not conducting evidentiary hearing. See generally La.C.Cr.P. art. 929(A)
(“If the court determines that the factual and legal issues can be resolved based
upon the application and answer, and supporting documents, including relevant
transcripts, depositions, and other reliable documents submitted by either party or
available to the court, the court may grant or deny relief without further
proceedings.”); see also State ex rel. Tassin v. Whitley , 602 So.2d 721, 722 (La.
1992). Here, the factual and legal issues cannot be resolved based solely on the
available documents. Accordingly, we reverse the district court ruling that
* Retired Justice Jeannette T. Knoll, appointed Justice pro tempore, sitting for the vacancy in the
Third District.
10/01/24

summarily denied relief and we remand with instructions to conduct an evidentiary
hearing on the claims.
REMANDED