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731 So. 2d 274

State ex rel. Cormier v. State

Supreme Court of Louisiana

Decided December 18, 1998

Supreme Court of Louisiana · decided 1998-12-18

Key passage — most relied on by later courts

“[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 ....”

quoted by 4 later decisions, including State v. Newton, 271 So. 3d 190 - State v. Robertson

Relies on Carlin v. Cain · State Ex Rel. Cormier v. State · State Ex Rel. Medford v. Whitley

Good law ✅— No negative treatment on recordhow we know

Decided 1998-12-18

How this case has been cited

Cited by 8 later decisions — most recently May 2019

7 state decisions

40199820002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

¶1IN RE: Cormier, Gregory; — Plaintiffs); Applying for Supervisory and/or Remedial Writ; Parish of Calcasieu 14th Judicial District Court Div. “E” Number 14578-82; to the Court of Appeal, Third Circuit, Numbers KW98-0331, KW97-0676.

¶2Writ granted in part; otherwise denied; case remanded to the district court. The district court did not comply with this Court’s earlier order, see State ex rel. Cormier v. State, 95-2208 (La.10/4/96), 680 So.2d 1168, when it rejected six of relator’s claims because of his failure to seek exculpatory material more diligently. See also Carlin v. Cain, 97-2390 (La.3/13/98), 706 So.2d 968; State ex rel. Medford v. Whitley, 95-1187 (La.1/26/96), 666 So.2d 652; State ex rel. Winn v. State, 95-0898 (La.10/2/96), 685 So.2d 104. We also note that the 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 and the district court thus abused its discretion in defaulting another of relator’s claims as repetitive. Accordingly, the case is remanded to the district court for prompt compliance as to all of relator’s claims with the directives and principles set out in Cormier supra,*275and Cain, supra. In all other respects, the application is denied.

JOHNSON, J. not on panel.
/731/so2d/274 · .json · Public domain