State Of Louisiana v. Broderick Scott ( 2023 )

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.
92 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