State Of Louisiana v. Kermit Parker

Supreme Court of Louisiana
November 15
, 2024
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE OF LOUISIANA
VS.
KERMIT PARKER
No. 2024-KP-00457
_ _ _ _ _ _
IN RE: S
tate of Louisiana - Applicant Plaintiff; Applying For Supervisory Writ,
Parish of East Baton Rouge, 19th Judicial District Court Number(s) 05- 91-0571,
Court of Appeal, First Circuit, Number(s) 2024 KW 0101;
_ _ _ _ _ _
November 15, 2024
Writ application granted in part. See per curiam.
Knoll, J., dissents and assigns reasons.
Crain, J., dissents for reasons assigned by Justice Knoll.
McCallum, J., dissents for reasons assigned by Justice Knoll.
SJC
JLW
JDH
PDG
11/15/2024 "See News Release 053 for any Concurrences and/or Dissents."

SUPREME COURT OF LOUISIANA
No. 2024-KP-0457
STATE OF LOUISIANA
VS.
KERMIT PARKER
On Supervisory Writ to the 19th Judicial District Court,
Parish of East Baton Rouge
PER CURIAM:
Writ granted in part; otherwise denied. A pplicant failed to present evidence
that is both new and sufficiently corroborated in accordance with La.C.Cr.P. art.
926.2(B)(2), (B)(1)(a). Therefore, applicant ’s claim of factual innocence was
properly dismissed initially, see La.C.Cr.P. arts. 929, 930, and we grant the State’s
application here in part to vacate that portion of the district court’s ruling that
directed the State to file an answer to the applicant’s claim of factual innocence. In
addition, we note that applicant conflates the materiality standard of Brady with the
statutory requisites for establishing entitlement to relief under La.C.Cr.P. art.
926.2.
The application is otherwise denied, and the matter is remanded for further
proceedings on applicant’s claim involving alleged violations of Brady v.
Maryland, 373 U.S. 83, 87, 83 S.Ct. 1194, 1196, 10 L.Ed.2d 215 (1963). Before
ruling on the Brady claims and before determining whether an evidentiary hearing
will be required, the district court is instructed to first consider and rule upon any
procedural objections. See generally La.C.Cr.P. art. 930(C).
REVERSED AND REMANDED
11/15/24