State v. Skinner

• Docket Number: 2023 KW 0710
• Decision Date: 27 December 2023
• Parties: STATE OF LOUISIANA v. JAMES SKINNER
• Court: Court of Appeal of Louisiana — District of US

1

STATE OF LOUISIANA
v.
JAMES SKINNER

No. 2023 KW 0710

Court of Appeals of Louisiana, First Circuit

December 27, 2023

In Re: James Skinner, applying for supervisory writs, 21st Judicial District Court, Parish of Livingston, No. 15992.

BEFORE: GUIDRY, C.J., McCLENDON AND LANIER, JJ.

WRIT DENIED.

PMc

WIL

Guidry C.J., dissents in part and concurs in part.

I would grant the application for the sole purpose of remanding the matter to the district court to conduct a full evidentiary hearing on relator's claims under Brady v. Maryland, 373 U.S. 83, 86-87, 83 S.Ct. 1194, 1196-97, 10 L.Ed.2d 215 (1963), and Napue v. Illinois, 360 U.S. 264, 269, 79 S.Ct. 1173, 1177, 3 L.Ed.2d 1217 (1959), in light of Wearry v. Cain, 577 U.S. 385, 136 S.Ct. 1002, 194 L.Ed.2d 78 (2016) (per curiam), as previously ordered by the Louisiana Supreme Court in State v. Skinner, 2019-01427 (La. 2/26/20), 347 So.3d 870. Based on the claims presented in his application for postconviction relief, relator is entitled to a full evidentiary hearing, as his claims cannot be resolved based on the filing of documents and transcripts into the record. I concur in the denial of relator's claim of ineffective assistance of counsel. See State v. Brumfield, 2009-1084 (La. 9/2/09), 16 So.3d 1161 (per curiam).