
    STATE ex rel. Sylvester ROLLINS v. STATE of Louisiana.
    No. 2003-KP-1050.
    Supreme Court of Louisiana.
    Jan. 9, 2004.
   In re Rollins, Sylvester;—Defendant; Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. H, Nos. 237-498.

Writ denied.

CALOGERO, C.J., would grant the writ and assigns reasons.

JOHNSON, J., would grant the writ.

CALOGERO, C.J.,

would grant and assigns reasons.

Relator has filed an application with a claim based on facts “not known to him or his attorney” at trial. So the court can find the application time-barred only if the state demonstrates that “delay has prejudiced its ability to respond to the application as the result of events not within its control.” La.C.Cr.P. art. 930.8(B): Carlin v. Cain, 97-2390 (La.3/13/98), 706 So.2d 968. The district court should hold a hearing at which the state would have the opportunity to demonstrate that prejudice. If the state were unable to make such a showing, the district court would be able to review the merits of relator’s claim and rule as is warranted. See State v. Conway, 01-2808 (La.4/12/02), 816 So.2d 290.  