A Louisiana appeals court on Tuesday, May 26, 2026, cleared the way for prosecutors to take a convicted New Orleans sex offender back to trial on an alleged probation violation, overturning a judge's earlier decision that tossed the case. The Fourth Circuit sent the matter back to Orleans Parish Criminal District Court so the state can try to prove the allegation at trial.
A three-judge panel unanimously found that Criminal District Court Judge Kimya Holmes improperly quashed the charge and sent the case back to give prosecutors another shot at meeting their burden of proof. The opinion, written by Judge Tiffany Chase and joined by Judges Sandra Cabrina Jenkins and Monique Morial, said the statutory language was not ambiguous and that the state had presented enough evidence to move forward. Prosecutors say ankle-monitor data placed 53-year-old Roy Dawson Jr. within 1,000 feet of Pratt Park Playground and a Holy Cross school campus on Sept. 17, 2024, and that a new unlawful-presence charge followed in November 2024, as reported by WVUE/FOX 8.
Appeals Panel Rejects Plea-Language Defense
Judge Chase rejected Dawson’s argument that an amended bill of information stating the victim was “under the age of 14” blocked the state from proving the juvenile was under 13 at the time of the original offense. “The law was not ambiguous,” the panel wrote, concluding that the state had submitted sufficient proof of the predicate offense and prior guilty plea. The judges sent the case back with instructions to allow the state to present its case at trial, according to WVUE/FOX 8.
Allegations And Locations
Prosecutors say the ankle monitor tracked Dawson near two protected sites in Gentilly, a playspot in Pratt Park and the Holy Cross campus on Paris Avenue, locations authorities say would violate the terms of his supervised release if verified. The City of New Orleans parks listing shows Pratt Park's playspot at Chatham Drive and Prentiss, and Holy Cross School's official site lists its campus on Paris Avenue in Gentilly. Those are the locations cited by authorities, as reflected in the City of New Orleans document and the Holy Cross School website.
Case History
Dawson was initially charged in December 2013 with sexual battery and aggravated incest and later pleaded guilty in March 2015 to one count of sexual battery and two counts of aggravated incest. He was sentenced to an eight-year term with a 20-year suspended sentence on one count, required to register as a sex offender and ordered to wear an ankle monitor while serving part of his sentence under house arrest. Judge Holmes quashed the unlawful-presence charge after a May 23, 2025, hearing, finding the prosecution's predicate facts lacking.
Legal Implications And Next Steps
The Fourth Circuit's decision does not decide guilt; it only returns the question of whether prosecutors can prove the predicate facts to the trial court. The panel sent the case back with instructions to give the state an opportunity to meet its burden of proof at trial. Court information and dockets are available through the Louisiana Fourth Circuit Court of Appeal. The case now returns to Orleans Parish Criminal District Court, where hearing and trial dates have not yet been announced.
The ruling is likely to draw attention locally because it turns on how courts read plea language and how ankle-monitor data is used as evidence. We will keep an eye on filings in Orleans Parish and report any scheduling updates or new developments.
