Supreme Court of Louisiana, 2001

Roy v. Cain

Roy v. Cain
Supreme Court of Louisiana · Decided May 11, 2001
792 So. 2d 3; 2001 La. LEXIS 1261; 2001 WL 538271 (Southern Reporter, Second Series)

Roy v. Cain

Opinion of the Court

In re Roy, Larry; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Rapides, 9th Judicial District Court Div. A., No. 235,372.

Writ granted in part; otherwise denied; case remanded. The district court is directed to hold an evidentiary hearing on those of relator’s claims which it has not *4properly defaulted: that he received ineffective assistance of trial (claims 1, 3, 4, 5, 6, 7, 10, 14, 15, 16) and appellate counsel, and that the state suppressed material exculpatory evidence (claim 5). cf. State ex rel. Tart v. Cain, 00-0476 (La.8/31/00), 766 So.2d 1268; State v. Ford, 99-3263 (La.6/16/00), 765 So.2d 321. In all other respects, the application is denied. See La.C.Cr.P. art. 930.4(A); La.C.Cr.P. art. 930.4(B); La.C.Cr.P. art. 930.4(C); State ex rel. Rice v. State, 99-0496 (La.11/12/99), 749 So.2d 650.

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