State Of Louisiana v. Darrell Dewayne Draughn

Supreme Court of Louisiana
April 11, 2025
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE OF LOUISIANA
VS.
DARRELL DEWAYNE DRAUGHN
No. 2025-KD-00424
_ _ _ _
_ _
IN
RE: Darrell D. Draughn - Applicant Defendant; Applying For Supervisory Writ,
Parish of Caddo, 1st Judicial District Court Number(s) 212107;
_ _ _ _ _ _
April 11, 2025
Writ application granted. See per curiam.
Weimer, C.J., additionally concurs and assigns reasons.
Crain, J., dissents for reasons assigned by Justice Cole and assigns additional
reasons.
McCallum, J., dissents for reasons assigned by Justice Cole and assigns additional
reasons.
Cole, J., concurs in part and dissents in part and assigns reasons.
JLW
JDH
PDG
JMG
04/11/2025 "See News Release 017 for any Concurrences and/or Dissents."

SUPREME COURT OF LOUISIANA
No. 2025-KD-00424
STATE OF LOUISIANA
VS.
DARRELL DEWAYNE DRAUGHN
On Supervisory Writ to the 1st Judicial District Court, Parish of Caddo
PER CURIAM
Granted. The district court is ordered to recall the warrant of execution issued
on March 25, 2025. In State v. Draughn, 2005-1825, p. 83 (La. 1/17/07), 950 So.2d
583, 636, this Court ordered the following,
For the reasons assigned herein, the defendant’s conviction and
sentence are affirmed. In the event this judgment becomes final on
direct review when either: (1) the defendant fails to petition timely the
United States Supreme Court for certiorari; or (2) that Court denies his
petition for certiorari; and either (a) the defendant, having filed for and
been denied certiorari, fails to petition the United States Supreme Court
timely, under their prevailing rules, for rehearing of denial of certiorari;
or (b) that Court denies his petition for rehearing, the trial judge shall,
upon receiving notice from this court under La.C.Cr.P. art. 923 of
finality of direct appeal, and before signing the warrant of execution,
as provided by La. R.S. 15:567(B), immediately notify the Louisiana
Indigent Defense Assistance Board and provide the Board with
reasonable time in which: (1) to enroll counsel to represent defendant
in any state post-conviction proceedings, if appropriate, pursuant to its
authority under La. R.S. 15:149.1; and (2) to litigate expeditiously the
claims raised in that original application, if filed, in the state courts.
(Emphasis added). In accordance with this decree, the district court is ordered to
establish a briefing schedule, subject to amendment only for good cause, so that
defendant may file a counseled supplement to his pro se post-conviction application.
Thereafter, the district court may rule on any procedural objections raised by the
state, including but not limited to La.C.Cr.P. art. 930.8(B), and then, if appropriate,
hold an evidentiary hearing pursuant to La.C.Cr.P. art. 930 to address the merits of
defendant’s claims for relief.