STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT STATE OF LOUISIANA NO. 2021 KW 0815

VERSUS

KELVIN STEWART NOVEMBER 12, 2021

In Re: Kelvin Stewart, applying for supervisory writs, 23rd Judicial District Court, Parish of Ascension, No. 24, 771.

BEFORE: GUIDRY, HOLDRIDGE, AND CHUTZ, JJ.

WRIT DENIED.

GH WRC

Guidry, J. dissents and would grant the writ application.

I would vacate the district court' s ruling denying relator' s application for postconviction relief and remand this matter to the district court to reconsider its ruling in light of State v. Harris, 2018- 1012 ( La. 7/ 9/ 20), _ So. 3d , 2020 WL 3867207, and to allow the state to file a response, if it had not already done so.

COURT OF APPEAL, FIRST CIRCUIT

DEPUT$ CERIX OURT FOR THE COURT