Clerk of Court For the Court State Of Louisiana v. Franklin Church

The Supreme Court of the State of Louisiana
Clerk of Court
For the Court
STATE OF LOUISIANA
VS.
FRANKLIN CHURCH
No.2020-KH-00271
_ _ _ _ _ _
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;
_ _ _ _ _ _
October 20, 2020
Granted and remanded. See per curiam.
JHB
BJJ
JLW
JDH
SJC
JTG
WJC
Supreme Court of Louisiana
October 20, 2020
10/20/2020 "See News Release 040 for any Concurrences and/or Dissents."

10/20/20
S
UPREME COURT OF LOUISIANA
No
. 20-KH-0271
FRANK
LIN CHURCH
v.
DARRE
L VANNOY, WARDEN
O
N SUPERVISORY WRITS TO THE TWENTY-FIRST
JUDICIAL DISTRICT COURT, PARISH OF LIVINGSTON
PE
R CURIAM:
W
rit 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.