Opinion
No. 2016–KP–1743
01-29-2018
STATE of Louisiana v. Lester JONES
ON SUPERVISORY WRITS TO THE CRIMINAL DISTRICT COURT FOR THE PARISH OF ORLEANS
:
Granted. The district court's ruling dismissing relator's actual innocence claim is reversed and the claim is remanded for consideration after an evidentiary hearing. See State v. Pierre , 13-0873, p. 4 (La. 10/15/13), 125 So.3d 403, 409 (new evidence of actual innocence must be so compelling that no reasonable juror could have voted to convict with knowledge thereof); State v. Conway , 01-2808 (La. 4/12/02), 816 So.2d 290, 291 (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).
Clark, J., would deny.
CLARK, J., dissenting.
I would deny.