STATE v. ROBERTSON (2019)

Supreme Court of Louisiana.

STATE of Louisiana v. Bruce Alvin ROBERTSON

No. 2018-KH-1006

Decided: May 20, 2019

ON SUPERVISORY WRITS TO THE NINETEENTH JUDICIAL DISTRICT COURT, PARISH OF EAST BATON ROUGE

Writ granted. The case is remanded to the district court for merits consideration. Applicant's claimed violation 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) pursuant to the exception set out 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 bars of La.C.Cr.P. art. 930.4 ․”).

PER CURIAM:

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