Opinion
No. 20-KH-0271
10-20-2020
FRANKLIN CHURCH v. DARREL VANNOY, WARDEN
IN RE: Franklin Church - Applicant Defendant; Applying For Supervisory Writ, Parish of Livingston, 21st Judicial District Court Number(s) 12-Feln-028283, Court of Appeal, First Circuit, Number(s) 2019 KW 1421; Granted and remanded. See per curiam.
JHB
BJJ
JLW
JDH
SJC
JTG
WJC
Supreme Court of Louisiana
October 20, 2020 /s/_________
Clerk of Court
For the Court ON SUPERVISORY WRITS TO THE TWENTY-FIRST JUDICIAL DISTRICT COURT, PARISH OF LIVINGSTON 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.