State Of Louisiana v. Franklin D. Church

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

STATE OF LOUISIANA NO. 2021 KW 0411

VERSUS

FRANKLIN WENDELL " DALE" JULY 5, 2021
CHURCH

In Re: Franklin Wendell " Dale" Church, applying for

supervisory writs, 21st Judicial District Court,
Parish of Livingston, No. 28, 283.

BEFORE: CHUTZ, PENZATO, AND LANIER, JJ.

WRIT DENIED. The issues raised in the ten remaining claims
for postconviction relief could be summarily disposed of
using
the application for postconviction relief, the record, and the
other documents that were available to the district court. See
La. Code Crim. P. arts. 929( A) & 930( A). See also State ex rel.
Roper v. Cain, 99- 2173 ( La. App. 1st Cir. 10/ 26/ 99), 763 So. 2d
1, 5( per curiam), writ denied, 2000- 0975 ( La. 11/ 17/ 00), 773
So. 2d 733. Therefore, relator failed to meet his burden of

proving that he is entitled to postconviction relief, and the

district court did not err by not holding an evidentiary hearing
on the claims.

WRC
AHP
WIL

COURT OF APPEAL, FIRST CIRCUIT

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DEPU 4CRK
FOR THE
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COURT
COURT