State Of Louisiana v. Dulce Maria Funez Cabellero

STATE OF LOUISIANA NO. 2024 KW 0867

VERSUS

DULCE MARIA FUNEZ CABELLERO NOVEMBER 18, 2024

In Re: Dulce Maria Funez Cabellero, applying for supervisory
writs, 20th Judicial District Court, Parish of East
Feliciana, No. 14 - CR - 276.

BEFORE: THERIOT, CHUTZ, AND HESTER, JJ.

WRIT GRANTED IN PART AND DENIED IN PART. While inexcusable
failure of a petitioner to comply with the provisions of Article
926 may be a basis for dismissal of her application pursuant to
La. Code Crim. P. art. 926( E), because relator is a pro se

applicant,
we find the district court erred in summarily denying
the application for postconviction relief on a procedural basis.
See State v. Bailey, 2019- 01337 ( La. 7/ 24/ 20), 299 So. 3d 49 ( per

curiam). Furthermore, relator' s ineffective assistance of counsel
claims are one which, if established, would entitle her to relief.
See U. S. Const. amend. VI; La. Const. art. I, § 13; La. Code Crim.
P. art. 930. 3( 1).
Accordingly, we hereby vacate the July 24, 2024
ruling denying relator' s application for postconviction relief and
remand the matter to the district court to afford relator the
opportunity to correct the deficiencies in her application and,

thereafter, to order the State to file any procedural objections
and/ or a response to relator' s ineffective assistance of counsel
claims. In all other respects, the writ application is denied.

MRT
WRC
CHH

OURT OF APPEAL, FIRST CIRCUIT

TY CLERK OF COURT
FOR THE COURT