State Of Louisiana v. Henry Taylor

Supreme Court of Louisiana
March 18, 2025
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE OF LOUISIANA
VS.
HENRY TAYLOR
No. 2024-KH-00907
_ _ _ _ _ _
IN RE: He
nry L. Taylor - Applicant Defendant; Applying For Supervisory Writ,
Parish of Orleans Criminal, Criminal District Court Number(s) 279-726;
_ _ _ _ _ _
March 18, 2025
Writ application granted. See per curiam.
Crain, J., concurs and assigns reasons.
McCallum, J
., dissents.
Cole, J., concurs and assigns reasons.
JLW
JDH
PDG
JMG
03/18/2025 "See News Release 010 for any Concurrences and/or Dissents."

SUPREME COURT OF LOUISIANA
No. 2024-KH-00907
STATE OF LOUISIANA
VS.
HENRY TAYLOR
On Supervisory Writ to the Criminal District Court, Parish of Orleans
PER CURIAM:
Writ granted. In 1981, an Orleans Parish jury found applicant guilty of one
count of aggravated rape. The court sentenced him to life imprisonment at hard labor
without benefit of parole, probation, or suspension of sentence. This Court affirmed.
State v. Taylor , 410 So.2d 224 (La. 1982). In April 2024, applicant filed an
application for post -conviction relief into the district court arguing his conviction
was obtained in violation of the Constitution, namely that the reasonable doubt
standard applied in h is original case was flawed due to the erroneous Cage1 jury
instructions.
Applicant has adequately demonstrated that his application for post -
conviction relief overcomes the post-conviction procedural bars, as the state filed a
written notice into the district court on May 24, 2024, waiving the procedural bars
which may limit hi s application pursuant to La.C.Cr.P. arts. 930.4(G) (eff. until
8/1/24) and 930.8(D) (eff. until 8/1/24). The waiver was express, in writing, and filed
by the state into the district court record, as required by those provisions.
While the legislature has since added a provision to those articles making the
procedural bars mandatory, see La.C.Cr.P. arts. 930.4(G) & 930.8(E), at the time
applicant filed his post -conviction application and the state filed its waiver, the
1 See Cage v. Louisiana, 498 U.S. 39, 111 S.Ct. 328, 112 L.Ed.2d 339 (1990).

2

district court was free to consider the application on the merits. As we have
previously observed, if a defendant seeks post-conviction relief based on the finding
of a legal defect pursuant to La.C.Cr.P. art. 930.3, a district attorney is not required
to oppose the application. “For example, if a defendant claims his con viction was
obtained in violation of the constitution, pursuant to La.C.Cr.P. art. 930.3(1),
because he was denied effective assistance of counsel or because the state withheld
favorable evidence in violation of Brady […], the district attorney may choose not
to raise procedural objections even when they apply.” State v. Lee, 22-1827, p. 10
(La. 9/1/23), 370 So.3d 408, 416.
As the state has affirmatively waived procedural objections to the application,
which is alleged to be based on a ground for relief found in La.C.Cr.P. art. 930.3,
there is no barrier to the district court considering the application on the merits. The
matter is remanded to the district court for further consideration of the merits of the
claim, any required evidentiary hearing, or any hearing required by La. Const. art.
1, §25 (“a victim of crime shall have the right to reasonable notice and to be present
and heard during all critical stages of preconviction and postconviction
proceedings”) or other applicable law if necessary.
REVERSED AND REMANDED.