STATE OF LOUISIANA vs. versus JOHN BROOKS

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NO. 2026-K-0719
COURT OF APPEAL, FOURTH CIRCUIT
STATE OF LOUISIANA
STATE OF LOUISIANA
VERSUS
JOHN BROOKS
IN RE: JOHN BROOKS
APPLYING FOR: SUPERVISORY WRIT
DIRECTED TO: HONORABLE LEON T. ROCHE
CRIMINAL DISTRICT COURT ORLEANS PARISH
SECTION “I”, 318-415
WRIT GRANTED IN PART; DENIED IN PART
On October 2, 2026, this Court received the above-captioned, pro se writ
application from Relator, John Brooks (“Mr. Brooks”).1 Therein, Mr. Brooks seeks
supervisory review of the district court’s August 17, 2026 judgment, which denied
his most recent application for post-conviction relief (“Application for PCR”)2 as
untimely per La. C.Cr.P. art. 930.8.3 Within Mr. Brooks’ Application for PCR, he
contended “[t]here is [a]rticulable doubt based on [evolving] DNA testing that will
prove [his] innocence” and asked the district court to order such testing.
1 Mr. Brooks has filed multiple post-conviction pleadings since his convictions for
multiple counts of murder nearly forty years ago.
2 The writ application reveals Mr. Brooks originally filed his Application for PCR on
November 2, 2023, and sought to supplement it on or around August 3, 2026.
3 Louisiana Code of Criminal Procedure Article 930.8(A) provides that “[n]o application
for post conviction relief, including applications which seek an out-of-time appeal, shall be
considered if it is filed more than two years after the judgment of conviction and sentence has
become final under the provisions of Article 914 or 922, unless” certain circumstances are
present.

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2
Louisiana Code of Criminal Procedure Article 926.1 is titled “Application
for DNA testing.” It provides, in pertinent part:
Prior to August 31, 2030, a person convicted of a felony may file an
application under the provisions of this Article for post-conviction
relief requesting DNA testing of an unknown sample secured in
relation to the offense for which the person was convicted. On or after
August 31, 2030, a petitioner may request DNA testing under the
rules for filing an application for post-conviction relief as provided in
Article 930.4 or 930.8.
La. C.Cr.P. art. 926.1(A)(1).
Considering the foregoing Article, we find the district court erred in
summarily dismissing Mr. Brooks’ request for DNA testing as procedurally barred
for untimeliness. Accordingly, we grant Mr. Brooks’ writ application for the
limited purpose of ordering the district court to rule specifically on whether Mr.
Brooks has made a sufficient showing under La. C.Cr.P. art. 926.1(B)4 to merit
testing of the material. In all other respects, Mr. Brooks’ writ application is denied.
4 Louisiana Code of Criminal Procedure Article 926.1(B) provides:
An application filed under the provisions of this Article shall comply with the
provisions of [La. C.Cr.P. art.] 926 and shall allege all of the following:
(1) A factual explanation of why there is an articulable doubt, based on
competent evidence whether or not introduced at trial, as to the guilt of the
petitioner in that DNA testing will resolve the doubt and establish the innocence
of the petitioner.
(2) The factual circumstances establishing the timeliness of the
application.
(3) The identification of the particular evidence for which DNA testing is
sought.
(4) That the applicant is factually innocent of the crime for which he was
convicted, in the form of an affidavit signed by the petitioner under penalty of
perjury.

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New Orleans, Louisiana, this 23rd day of October, 2026.
________________________________________
JUDGE DALE N. ATKINS
________________________________________
JUDGE PAULA A. BROWN
________________________________________
JUDGE TIFFANY GAUTIER CHASE
DNA
PAB
TGC

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