STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT STATE OF LOUISIANA NO. 2020 KW 0472 VERSUS

WALTER D. FAIRLEY SEPTEMBER 3, 2020

In Re: State of Louisiana, for applying supervisory writs, 22nd Judicial District Court, Parish St. of Tammany, No. 543, 474.

BEFORE: McDONALD, THERIOT, AND CHUTZ, TT.

WRIT GRANTED. Respondent relies upon the decision in State v. Horn, 2016- 0559 ( La. 9/ 7/ 18), 251 So - 3d 1069, to establish the timeliness of his application for postconviction relief, which was filed an or about July 30, 2019. In Horn, the Louisiana Supreme Court expressly relied the in upon holding McCoy v. Louisiana, 584 U. S. , 138 S. Ct. 1500, 200 L. Ed. 2d 821 ( 2018), in finding merit in the defendant' s claim that his Sixth Amendment rights were violated when his attorneys conceded his guilt over his explicit objection. See Horn, 251 So. 3d at 1076. Thus, the final of ruling an appellate court establishing" a theretofore unknown interpretation of constitutional law was rendered by United States Supreme Court in McCoy on May 14, 2018. Therefore, the district court erred by finding that respondent met his burden of proving an exception to the mandatory time limitation set forth in La. Code Crim. P. art. 930. 8, as respondent failed to file his application for postconviction relief within one year of the McCoy decision. Accordingly, the writ application is granted, the district court' s decision to overrule the State' s procedural objections is reversed, and this matter is remanded for the district court to enter an order sustaining those objections.

JMM MRT WRC

COURT OF APPEAL, FIRST CIRCUIT

EPUT RERK OF COURT FOR THE COURT