STATE v. ROBBINS (2020)

Writ application denied.

ON SUPERVISORY WRITS TO THE FIRST JUDICIAL DISTRICT COURT, PARISH OF CADDO

Denied. Applicant shows no entitlement to DNA testing. See La.C.Cr.P. art. 926.1.

Applicant has now fully litigated several applications for post-conviction relief in state court. Similar to federal habeas relief, see 28 U.S.C. § 2244, Louisiana post-conviction procedure envisions the filing of a successive application only under the narrow circumstances provided in La.C.Cr.P. art. 930.4 and within the limitations period as set out in La.C.Cr.P. art. 930.8. Notably, the Legislature in 2013 La. Acts 251 amended that article to make the procedural bars against successive filings mandatory. Applicant's claims have now been fully litigated in accord with La.C.Cr.P. art. 930.6, and this denial is final. Hereafter, unless he can show that one of the narrow exceptions authorizing the filing of a successive application applies, applicant has exhausted his right to state collateral review. The district court is ordered to record a minute entry consistent with this per curiam.

On Supervisory Writ to the 1st Judicial District Court, Parish of Caddo

The defendant is 89 years old and has been in prison for forty years for rape. Even with a forty-year-old conviction, the defendant is still entitled to DNA testing if he meets the requirement of La. C. Cr. P. art. 926.1. Mr. Robbins filed an application for post-conviction DNA testing and, given his incarceration, satisfied the requirements of La. C. Cr. P. art. 926.1. to the best of his ability. At the State's urging, the trial court used post-conviction procedural and time bars to deny Mr. Robbins DNA testing. But the time bar of La. C. Cr. P. art. 930.8, and the successor and procedural default bars of La. C. Cr. P. art. 930.4 do not apply to applications for DNA testing filed before August 31, 2024.¹

The trial court's denial of DNA testing in this case is clearly erroneous. I would grant the writ and remand with instructions to the trial court to order the relevant evidence custodians to search their facilities for any evidence that could be DNA tested. In the event such evidence is located, the trial court should order DNA testing pursuant to the remainder of La. C. Cr. P. art. 926.1.

FOOTNOTES

1.   When Mr. Robbins applied for testing, the relevant code article read as follows:A. (1) Prior to August 31, 2019, a person convicted of a felony may file an application under the provisions of this Article for post-conviction relief requesting DNA testing of an unknown sample secured in relation to the offense for which he was convicted. On or after August 31, 2019, a petitioner may request DNA testing under the rules for filing an application for post-conviction relief as provided in Article 930.4 or 930.8.La. C. Cr. P. art. 926.1 (emphasis added).