STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT STATE OF LOUISIANA NO. 2022 KW 1106 VERSUS BRODERICK SCOTT JANUARY 17, 2023

In Re: Broderick Scott, applying for supervisory writs, 23rd Judicial District Court, Parish of Assumption, No. 17- CR-000011.

BEFORE: THERIOT, CHUTZ, AND HESTER, JJ.

WRIT GRANTED. While inexcusable failure of a petitioner to comply with the provisions of Article 926 may be a basis for dismissal of his application pursuant to La. Code Crim. P. art. 6 ( E) , considering the particular facts and circumstances of this case, we find the district court erred in summarily denying relator's application for postconviction relief on a procedural basis. Relator's claim of ineffective assistance of counsel is one which, if established, would entitle him to relief. See U.S. Const. amend. VI; La. Const. art. I, §13; see also La. Code Crim. P. art. 930.3 (1). Accordingly, we hereby vacate the May 3, 2022 ORDER denying relator's application for postconviction relief and remand the matter to the district court for consideration of the merits.

MRT WRC CHH

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY CLERK OF COURT FOR THE COURT