Legal Opinion

State v. Newton

Supreme Court of Louisiana

Decided February 11, 2019No. 2017-KP-0926Published

1Per curiam

Writ granted. Relator has adequately demonstrated that his application for post-conviction relief, arguing several alleged violations of Brady v. Maryland , 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963), overcomes the procedural bars of La.C.Cr.P. arts. 930.4(E) and 930.8(A) by proving application of the exception found in La.C.Cr.P. art. 930.8(A)(1). See State ex rel. Cormier v. State , 98-2111 (La. 12/18/98), 731 So.2d 274 ("[T]he discovery of new evidence excepting a claim from the prescriptive period of La.C.Cr.P. art. 930.8 would necessarily except a claim from the repetitiveness…

2Cases cited2 opinions

  1. Brady v. MarylandSupreme Court of the United States · 1963
  2. State ex rel. Cormier v. StateSupreme Court of Louisiana · 1998

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