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