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State v. Conway

Supreme Court of Louisiana
Apr 12, 2002
816 So. 2d 290 (La. 2002)

Summary

identifying Louisiana's standard for an actual innocence claim

Summary of this case from Woodfox v. Cain

Opinion

No. 2001-KP-2808.

April 12, 2002

IN RE: State of Louisiana; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. J, Nos. 377-313; to the Court of Appeal, Fourth Circuit, No. 2001-K-1407

ON WRIT OF CERTIORARI TO THE FOURTH CIRCUIT COURT OF APPEAL.


Writ granted. See per curiam.

BJJ

CDK

JPV

CDT

JTK

JLW

CALOGERO, C.J., would grant and docket.


Writ granted; conviction and sentence reinstated. The district court could not and did not grant a motion for a new trial, since Conway did not file one and if he had he would have filed it untimely. La.C.Cr.P. art. 853. Properly viewing Conway's second filing at the district court as a supplement to his application for post-conviction relief, and assuming that a claim of "actual innocence" not based on DNA evidence under La.C.Cr.P. art. 926.1 is cognizable on collateral review under La.C.Cr.P. art. 930.3, see Ex parte Elizondo, 947 S.W.2d 202, 205 (Tex.Cr.App. 1996); Summerville v. Warden, 229 Conn. 397, 641 A.2d 1356, 1369 (1994); People v. Washington, 171 Ill. 475, 665 N.E.2d 1330, 1336-37 (1996); but see Herrera v. Collins, 506 U.S. 390, 416-17, 113 S.Ct. 853, 869, 122 L.Ed.2d 203 (1993); Johnson v. State, 321 Ark. 117, 900 S.W.2d 940, 950 (1995); State v. Watson, 126 Ohio App.3d 316, 710 N.E.2d 340, 344-45 (1998), the district court erred in granting relief because Conway did not make a bona fide claim of actual innocence. Such a claim must involve "new, material, noncumulative," and "conclusive" evidence, Washington, 665 N.E.2d at 1337, which meets an "extraordinarily high" standard, Summerville, 641 A.2d at 1372-75, and which "undermine[s] the prosecution's entire case," In re Clark, 5 Cal.4th 750, 21 Cal.Rptr.2d 509, 855 P.2d 729, 739 (1993), while Conway on collateral review merely advanced an "alternative and inconsistent" theory of defense to the one he offered at trial, a tactic our jurisprudence prohibits. See generally State v. Juluke, 98-0341, p. 4-5 (La. 1/8/99), 725 So.2d 1291, 1293.


Summaries of

State v. Conway

Supreme Court of Louisiana
Apr 12, 2002
816 So. 2d 290 (La. 2002)

identifying Louisiana's standard for an actual innocence claim

Summary of this case from Woodfox v. Cain

assuming post-conviction claims of actual innocence not based on DNA evidence are cognizable, they must be supported by new, material, noncumulative and conclusive evidence which meets an extraordinarily high standard, and which undermines the prosecution's entire case

Summary of this case from State v. Thomas

assuming post-conviction claims of actual innocence not based on DNA evidence are cognizable, they must be supported by new, material, noncumulative and conclusive evidence which meets an extraordinarily high standard, and which undermines the prosecution's entire case

Summary of this case from State v. Tyson

assuming post-conviction claims of actual innocence not based on DNA evidence are cognizable, they must be supported by new, material, noncumulative and conclusive evidence which meets an extraordinarily high standard, and which undermines the prosecution's entire case

Summary of this case from State v. Tyson

assuming post-conviction claims of actual innocence not based on DNA evidence are cognizable, they must be supported by new, material, noncumulative and conclusive evidence which meets an extraordinarily high standard, and which undermines the prosecution's entire case

Summary of this case from State v. Jones

assuming post-conviction claims of actual innocence not based on DNA evidence are cognizable, they must be supported by new, material, noncumulative and conclusive evidence which meets an extraordinarily high standard, and which undermin[e]s the prosecution's entire case.

Summary of this case from State ex rel. Messick v. State

assuming post-conviction claims of actual innocence not based on DNA evidence are cognizable, they must be supported by “new, material, noncumulative and conclusive evidence which meets an extraordinarily high standard, and which undermin[e]s the prosecution's entire case.”

Summary of this case from State v. Paul

assuming that claims of actual innocence not based on DNA evidence are cognizable in post-conviction proceedings, such a claim must involve new, material, noncumulative and conclusive evidence which undermines the prosecution's entire case

Summary of this case from State v. Matthis

assuming that claims of actual innocence not based on DNA evidence are cognizable in post-conviction proceedings, such a claim must involve new, material, noncumulative and conclusive evidence which undermines the prosecution's entire case

Summary of this case from State v. Matthis

assuming post-conviction claims of actual innocence not based on DNA evidence are cognizable, they must be supported by new, material, noncumulative and conclusive evidence which meets an extraordinarily high standard, and which undermines the prosecution's entire case

Summary of this case from State v. Tyson
Case details for

State v. Conway

Case Details

Full title:STATE OF LOUISIANA v. CHARLES CONWAY

Court:Supreme Court of Louisiana

Date published: Apr 12, 2002

Citations

816 So. 2d 290 (La. 2002)

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