IN RE: State of Louisina; - Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. D, No. 256-068.
John L. Weimer, Jeannette Theriot Knoll, Greg G. Guidry, Marcus R. Clark, Jefferson D. Hughes, III, Scott J. Crichton.
Granted. The trial court erred in denying the state's procedural objections to the application for post-conviction relief filed by respondent, in part on grounds that, in the court's view, the United States Supreme Court's decision in McQuiggin v. Perkins, 569 U.S. , 133 S.Ct. 1924, 185 L.Ed.2d 1019 (2013), governs Louisiana post-conviction proceedings and excuses procedural bars that would otherwise result in dismissal. McQuiggin held only that for purposes of federal habeas corpus law, a convincing claim of actual innocence, " if proved, serves as a gateway through which a petitioner may pass whether the impediment is a procedural bar . . . or, as in this case, expiration of the statute of limitations." Id., 569 U.S. at , 133 S.Ct. at 1928 (citations omitted). McQuiggin does not purport to govern state post-
conviction proceedings conducted under state law, however, and, in any event, respondent has not advanced a convincing claim of actual innocence. Respondent's claims are either repetitive and time-barred, La.C.Cr.P. art. 930.4(A) and (D); La.C.Cr.P. art. 930.8, or do not state grounds upon which post-conviction relief may be granted. La.C.Cr.P. art. 928. The state's procedural ...