State Of Louisiana v. Anthony Dajon Haynes

STATE OF LOUISIANA NO. 2024 KW 1086

VERSUS

ANTHONY DAJON HAYNES JANUARY 13, 2025

In Re: State of Louisiana, applying for supervisory writs, 19th
Judicial [ District Court, Parish of East Baton Rouge, No.
10- 17- 0333.

BEFORE: THERIOT, HESTER, AND EDWARDS, JJ.

WRIT GRANTED. A timely filed application for postconviction
relief shall be dismissed upon a showing by the State of prejudice
to its ability to respond to, negate, or rebut the allegations of
the petition caused by events not under the control of the State
which have transpired since the date of original conviction. See
La. Code Crim. P. art. 930. 8( B). Here, the State established that
its ability to respond to the defendant' s application for
postconviction relief has been materially prejudiced by trial
counsel' s death. The district court' s decision to overrule the

State' s procedural objection and to grant an evidentiary hearing
is reversed. Accordingly, the matter is remanded to the district
court for further proceedings in compliance with this court' s
action.

CHH
BDE

Theriot, J., dissents and would not consider the untimely
writ.
See Uniform Rules of Louisiana Courts of Appeal, Rule 4- 3.

URT OF APPEAL, FIRST CIRCUIT

EPUTY CLERK OF COURT
FOR THE COURT