State Of Louisiana v. Franklin D. Church

Opinion

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

f

DEPU 4CRK

FOR THE

OF COURT

COURT