State ex rel. Flank v. State

Summary

The Louisiana Supreme Court, per curiam, denied Raymond Flank’s application for post-conviction relief. The court held that the application was untimely, that no exception to the limitations period applied, and that Flank failed to establish a Brady violation based on alleged withholding of a laboratory report; the attached district court reasons likewise denied relief.

Holdings

1. The application was untimely, and Flank failed to carry his burden of showing that an exception to the applicable limitations period applied.
2. Flank failed to establish that the State withheld material exculpatory evidence in violation of Brady v. Maryland.
3. A second or successive Louisiana post-conviction application may proceed only under the narrow circumstances authorized by Louisiana Code of Criminal Procedure article 930.4 and within the limitations period established by article 930.8.

Questions Presented

1. Whether Flank's post-conviction application was timely or fell within an exception to Louisiana's post-conviction limitations period.
2. Whether the prosecution violated Brady v. Maryland by withholding a material exculpatory or impeachment report.
3. Whether a successive state post-conviction application could proceed absent one of the narrow statutory exceptions.

Disposition

writ_denied