Louisiana Court of Appeal, 1991

State ex rel. Robinson v. State

State ex rel. Robinson v. State
Louisiana Court of Appeal · Decided October 25, 1991 · Carter, Foil, Watkins
592 So. 2d 418; 1991 La. App. LEXIS 3676; 1991 WL 303816 (Southern Reporter, Second Series)

State ex rel. Robinson v. State

Opinion of the Court

WRIT GRANTED: The trial court is ordered to reconsider relator’s application in light of La.C.Cr.P. art. 930.4(F). Should the district court consider denying the application because of relator’s failure to include these claims in a prior application, the court must first comply with the directive of Article 930.4(D) and order relator to state reasons for the failure. See State v. Turner, 544 So.2d 387 (La. 1989). See also McCleskey v. Zant, — U.S. -, 111 S.Ct. 1454, 113 L.Ed.2d 517 (1991), for general standards to evaluate whether or not relator is procedurally barred from raising these claims. The court need not appoint counsel to assist relator in advancing his claim that the application is not repetitive. See Acts 1990, No. 523 (effective September 7, 1990).

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