State v. Edwards
State v. Edwards
Opinion of the Court
Granted. The trial court erred in denying the state’s procedural objections to the application for post-conviction relief filed by respondent, in part on grounds that, in the court’s view, the United States Supreme Court’s decision in McQuiggin v. Perkins, 569 U.S.-, 133 S.Ct. 1924, 185 L.Ed.2d 1019 (2013), governs Louisiana post-conviction proceedings and excuses procedural bars that would otherwise result in dismissal. McQuiggin held only that for purposes oí federal habeas corpus law, a convincing claim of actual innocence, “if proved, serves as a gateway through which a petitioner may pass whether the impediment is a procedural bar ... or, as in this case, expiration of the statute of limitations.” Id., 569 U.S. at -, 133 S.Ct. at 1928 (citations omitted). McQuig-gin does not purport to govern state post-
Reference
- Full Case Name
- STATE of Louisiana v. Gerard EDWARDS
- Cited By
- 1 case
- Status
- Published