STATE EX REL MESSICK v. STATE (2018)

Supreme Court of Louisiana.

STATE EX REL. Emmett MESSICK v. STATE of Louisiana

No. 2016–KH–1583

Decided: January 12, 2018

Writ granted. The district court's ruling is reversed and the actual innocence claim is remanded for an evidentiary hearing at which relator will have an opportunity to carry his burden of proof. See State v. Pierre, 13-0873, pp. 9-10 (La. 10/15/13), 125 So.3d 403, 409 (new evidence of innocence must be so compelling that no reasonable juror could have voted to convict with knowledge thereof); State v. Conway, 01-2808, p. 1 (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 undermin[e]s the prosecution's entire case.).

PER CURIAM:

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network