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STATE of Louisiana v. Franklin CHURCH
Granted and remanded. See per curiam.
Writ granted. This Court issued a per curiam denying writs in State ex rel. Church v. State, 18-0064 (La. 12/3/18), 257 So.3d 1254, explaining that applicant had exhausted his right to state collateral review. That per curiam only concerned applicant's post-conviction claim number six, which involved a warrantless search. At that time, applicant had ten remaining post-conviction claims (claims 1, 13, 16, 17, 18, 20, 21, 22, 23, and 24) on which the district court had not yet ruled. The district court's subsequent summary denial of those claims in reliance on this Court's per curiam in State ex. Rel. Church v. State was therefore in error. That ruling is reversed, and this matter is remanded to the district court for further proceedings on the ten remaining pending claims.
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Docket No: No. 2020-KH-00271
Decided: October 20, 2020
Court: Supreme Court of Louisiana.
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