State ex rel. Rebardi v. State
State ex rel. Rebardi v. State
Opinion of the Court
Denied. The application was not timely filed in the district court, and relator fails to carry his burden to show that an exception applies. La.C.Cr.P. art. 930.8 ;
*1292State ex rel. Glover v. State , 93-2330 (La. 9/5/95),
Relator has now fully litigated two applications for post-conviction relief in state court. Similar to federal habeas relief, see
Weimer, J., recused.
Hughes, J., dissents and assigns reasons.
Relator offers five affidavits, three from the victim's family, which recant or call into question trial testimony. Relator argues actual innocence. Without reaching the merits, these affidavits are "new evidence" as contemplated by La. C. Cr. P. article 930.8(A)(1), and a hearing is required.
Reference
- Full Case Name
- STATE EX REL. Jason P. REBARDI v. STATE of Louisiana
- Status
- Published