State Of Louisiana VS Darrell Hampton

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STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT STATE OF LOUISIANA NO. 2018 KW 1085 VERSUS DARRELL In OCT 2 9 2018 HAMPTON Re. Darrell Hampton, Judicial for applying District Court, Parish 21st writs, supervisory Livingston, of No. 015994. GUIDRY, BEFORE: WRIT testing. and by 930. 8 ( for the State rule L. Ed. 2d to, negate, court If the address or rebut relief. State determine shall does on for remanded the a diligence 1963) the allegations See- La. not the its progeny. delay prejudiced Code make merits Furthermore, of Crim. this its the P. showing, whether information in exculpatory 83, 83 S. Ct. Maryland, 373 U. S. and hearing that show s DNA factors, material of Brady v. 215 ( is state' for application opportunity to its control have under B). suppressed of the will postconviction A) & ( district matter the the state not respond application court the events to ability district afford denying this the sustaining ruling and and reversed, the will art. the objections is caused JJ. district Accordingly, procedural which PENZATO, Taking into account the circumstances of the court erred by sustaining the state' s objections and application for the DNA denying the procedural testing AND GRANTED. petitioner, at THERIOT, the violation 1194, 10 district the court is ordered to conduct a hearing on the merits of relator' s context of DNA request in the determining whether material susceptible v. to DNA testing 2002- 1372 ( State, La. still exists. 5/ 9/ 03), 847 State So. 2d ex rel. Randolph 1183. JMG AHP Theriot the matter factors J., to but agrees the the with district dissents as it OF APPEAL, FIRST CIRCUIT LVk. LERK DEPUT FOR THE OF COURT COURT court concerns testing. COURT majority' s to decision address relator' s to the request remand diligence for DNA

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