State Of Louisiana v. Bertie Randall Hicks

Supreme Court of Louisiana
September 10, 2025
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE OF LOUISIANA
VS.
BERTIE RANDALL HICKS
No. 2024-KP-01349
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_ _ _ _
IN
RE: Bertie Randall Hicks - Applicant Defendant; Applying For Supervisory Writ,
Parish of Webster, 26th Judicial District Court Number(s) 72,752, Court of Appeal,
Second Circuit, Number(s) 56,034-KW;
_ _ _ _ _ _
September 10, 2025
Writ application granted. See per curiam.
Weimer, C.J., dissents and would grant and docket.
Crain, J., dissents and would deny.
JDH
JBM
PDG
JMG
CRC
09/10/2025 "See News Release 040 for any Concurrences and/or Dissents."

SUPREME COURT OF LOUISIANA
No. 24-KP-1349
STATE OF LOUISIANA
v.
BERTIE RANDALL HICKS
ON SUPERVISORY WRITS TO THE TWENTY-SIXTH
JUDICIAL DISTRICT COURT, PARISH OF WEBSTER
PER CURIAM:
Writ granted. The district court’s ruling dismissing the application for post -
conviction relief is reversed. We remand to the district court for the State to have
an opportunity to submit an answer on the merits and then for a decision from the
court on applicant’s constitutional challenges to the provision within La.C.Cr.P.
art. 930.8(A)(1) that forecloses him from relying upon new evidence to overcome
the limitations period to assert an innocence claim pursuant to La.C.Cr.P. art.
926.2; and for a decision on applicant’s ineffective assistance of counsel claim,
which we find rests upon facts not previously known to him or his prior attorneys;
and for a decision on his innocence claim according to the standards identified in
State v. Conway , 01-2808 (La. 4/12/02), 816 So.2d 290 and State v. Pierre , 13 -
0873 (La. 10/15/13), 125 So.3d 403.