By Mrs. Eileen Hunter — about the author. Posted August 11, 2026.
Provenance: Application for Post-Conviction Relief based on factual innocence (La. C.Cr.P. art. 926.2), filed December 30, 2022 in the Fourth Judicial District Court, Parish of Ouachita, by Rachel I. Conner and Grace N. Bronson, Law Office of Rachel I. Conner, New Orleans. Denied February 1, 2023 without an evidentiary hearing; writs denied June 1, 2023 (2d Cir.) and November 21, 2023 (La.). Transcribed below at length from the filed application; wording as filed, with obvious scanning artifacts silently corrected and uncertain readings bracketed. Record citations (R., ROA., Tr.) are the application’s own. The informant-by-informant sections and the Bloom declaration are transcribed separately: declaration · Comanche · Kennedy · Wiggins · Nelson.
PROCEDURAL HISTORY
On October 17, 2002, Tony Hunter was indicted for the Second-Degree Murders of Chavez Staten, Jeremy Staten, and Levi Williams and a single count of Armed Robbery. R. 46. There was no forensic or physical evidence linking Tony Hunter to the offenses.
The prosecution alleged that while he was incarcerated at OCC, Tony Hunter had a conversation that was overheard by three different inmates. According to the decision of the Louisiana Second Circuit on Hunter’s direct appeal, the testimony of the three jailhouse informants was, ultimately, “the only evidence that directly linked Tony Hunter with the crime.” State v. Hunter, 39,664, p. 5 (La. App. 2 Cir. 6/29/05); 907 So.2d 200, 204, writ denied, 2005-2027 (La. 3/10/06); 925 So.2d 507.
Trial began on February 17, 2004 and concluded on March 4, 2004 when the jury found Tony Hunter guilty of the three murder counts and guilty of the responsive verdict of attempted armed robbery.
Following trial, Tony Hunter’s trial attorney filed a Motion for New Trial arguing that the verdict was contrary to the law and evidence and should be set aside. Hunter argued that although the State presented a number of witnesses and numerous items of physical evidence, none of the witnesses were able to testify — either directly or indirectly — that Tony Hunter committed the murders or the alleged armed robbery. Moreover, none of the physical evidence collected during the investigation of the case connected Tony Hunter to the murders or the alleged armed robbery. There were no eyewitnesses to the murder and the murder weapon that was recovered over a week after the murders had no connection to Tony Hunter. At all times, Tony Hunter maintained his innocence of the charges. R. 2397–2398. Tony Hunter did not make any inculpatory statements and did not testify. The only evidence presented at trial were three highly unreliable jailhouse snitches, who lacked credibility on critical evidentiary points, contradicted each other and other witnesses, and were uncorroborated by any other evidence. Hunter argued that the State failed to meet its burden of proof. The trial court denied Hunter’s Motion for New Trial and Motion for Post-Judgment Verdict of Acquittal.
On May 25, 2004, the trial court sentenced Tony Hunter to three life sentences, without parole, and 49½ years for the robbery, all four counts to run consecutively to each other. Mr. Hunter’s conviction and sentence were affirmed on appeal.
On February 14, 2007, Tony Hunter timely filed a pro se application for post-conviction relief raising six claims and attaching affidavits from Rodney Gay, Solomon Moore, and James Divers in support of a request for an investigator to investigate newly discovered fact-based claims. The trial court denied the application without a hearing on May 31, 2007.
Mr. Hunter’s counseled second Post-Conviction Relief was filed on March 16, 2009. Included in the file was a hand-written note by an investigator dated February 20, 2004 that had been disclosed with the District Attorney file, years after the trial, memorializing a conversation with Corey Smith, the owner of the .22 caliber hand-gun used in the homicides on Greenwood Drive. According to the note, Smith, who had been arrested for fighting at the Library Lounge on January 11, 2001, told the investigator that he gave the keys to his truck to his friend Keith Norman so he could move Smith’s truck from the Library Lounge parking lot. According to the note, Corey “told the investigator he believed that Keith Norman traded the gun for drugs. Corey noticed the gun missing the next day after his arrest when he checked the glove box of his vehicle. Corey said the gun along with other items were missing.” The fact that Smith was arrested on January 11, 2001 at 1:07 a.m. was verified by a police report. Mr. Hunter’s second application for post-conviction relief was denied by the trial court without an evidentiary hearing on July 14, 2009.
Mr. Hunter filed a third post-conviction application based on the newly discovered evidence contained in Glen Dale Nelson’s January 31, 2012 affidavit. Mr. Hunter’s third post-conviction application was denied on May 29, 2013 without an evidentiary hearing. This Application for Post-Conviction Relief follows.
TIMELINESS OF PETITION
Louisiana Code of Criminal Procedure Art. 926.2(A) specifically provides that petitioner’s first claim of factual innocence pursuant to this Article that would otherwise be barred from review on the merits by the time limitation provided in La. Code Crim. P. art. 930.8 or the procedural objections provided in La. Code Crim. P. art. 930.4 shall not be barred if the claim is contained in an application for post-conviction relief filed on or before December 31, 2022, and if the petitioner was convicted after a trial completed to verdict. This is Tony Hunter’s first application for post-conviction relief based on his factual innocence pursuant to La. C.Cr.P. art. 926.2. Tony Hunter’s trial was completed to a verdict on March 4, 2004. This petition for post-conviction relief is deemed timely filed on or before December 31, 2022.
STATEMENT OF FACTS
The triple homicide at 221 Greenwood Drive (“The Tanglewood Homicides”)
On the evening of March 10, 2001, 24-year-old Anthony Rodgers was hosting the opening night for his new nightclub, “Club Daddy’s,” in Monroe, Louisiana. Earlier that evening, Levi “Chico” Williams, Douglas Simonds, Harold Black, and Anthony’s 16-year-old godson Henry Staten had left their residence at 221 Greenwood Drive to go to the club to help Anthony with the opening.
Sometime around 11 or 11:30 p.m., the club started to become crowded, and Anthony Rogers sent Douglas Simonds out to get small bills to make change for the cover charge. ROA. 1822. Simonds left in Rodgers’ car and went to two gas stations looking for change but didn’t find any. In the meantime, Anthony Rogers sent Levi Williams back to the house at 221 Greenwood Drive, located in the Tanglewood subdivision, to get the small bills out of his safe. R. 121. The Tanglewood subdivision was considered a “high crime area” with a lot of break-ins. ROA. 1678. Henry Staten’s 11-year-old brother Chavez Staten and 11-year-old cousin Jeremy Staten were frequent overnight guests at 221 Greenwood Drive and were sleeping over that night. The boys considered Anthony Rodgers to be their “godfather.” ROA. 1670.
Levi Williams left the club driving his white Ford Explorer. After he was unsuccessful getting change, Douglas Simonds returned to the club. After time had passed and Williams did not return and did not answer his cell phone, Anthony Rogers sent Douglas Simonds and Henry Staten to 221 Greenwood Drive [to] check on his whereabouts.
When they pulled up to 221 Greenwood, they noticed Chico’s white Ford Explorer parked in the yard in front of the door as was his custom. Henry Staten unlocked the front door with his key and immediately saw Chavez and Jeremy lying on the floor, both shot in the head. When Henry Staten saw his brother and cousin, he immediately ran out and called for Douglas Simonds to go inside. ROA. 1700. Douglas stuck his head inside, immediately saw the boys, and then both he and Henry Staten left to call for help. ROA. 1676.
Upon hearing of the shootings, Anthony Rogers and about a dozen other people from the club went back to 221 Greenwood Drive. R. 179. Harold Black armed himself with his .45-caliber pistol, entered the house, and searched for a possible assailant. During their search of the house, the group found Levi Williams lying on the floor of the bedroom, also shot in the head. Chavez Staten, Jeremy Staten and Levi Williams were transported to a nearby hospital. All three victims died from their gunshot wounds.
Ouachita Parish Sheriff’s Office (“OPSO”) Deputies David Godwin and John Spires were the first officers to respond to the scene. When they pulled up, Harold Black was placing a handgun in the roadway. Deputy Spires secured Harold’s pistol and detained him temporarily during the investigation.
The deadbolt on the open front door was in the locked position; however, the door facing was damaged as if it had been forced open. Inside, the investigators identified casings from at least 2 weapons. OPSO investigators recovered live and spent .22 caliber cartridge cases and live and spent .45 caliber cartridge cases on the floor of the house. Deputies also found a box of live .45 caliber cartridges in a desk in Levi Williams’ bedroom. ROA. 1807. The spent .45 caliber shell casings found on the floor were the same brand and caliber as those in the box of live cartridges found in Williams’ desk. R. 2047. The deputies observed that the bedroom where Williams’ body was located appeared to be ransacked. R. 94.
During their search of 221 Greenwood Drive, officers located a small safe, three rifles, a set of keys, a set of digital scales and a bag full of what appeared to be marijuana, which were removed from behind a wall in the bathroom. R. 2022.
221 Greenwood was described by Captain Harris as “a major supplier of marijuana in that area.” R. 1435. Captain Harris testified that Anthony Rodgers’ girlfriend, Lashonda Wright, informed him that she previously lived at 221 Greenwood Drive and during that time, “she had seen large quantities of money come into the residence being counted. She had observed large quantities of drugs. Quite often if a dealer or a buyer come into the house while talking to whoever in the house, whether it be Anthony or Chico, ah, they could just sit down and have a bag of marijuana there on the table. They’d roll them a joint and talk about their business.” Lashonda Wright stated that Anthony Rodgers handled the business of money, ordering, purchasing and selling, and Chico handled the business of going to Texas, picking up the drugs, and bringing them back to the Monroe area.
On March 11, 2001, Douglas Simonds was interviewed [by] Sgt. Medaries. Sgt. Medaries asked Douglas Simonds who he thought could have been responsible for what happened. Douglas Simonds responded, “I don’t know, we just — people out there saying rumors… suppose to been some dude… it was something like Fat, they call him Fat.” R. 113.
On March 23, 2001, Harold Black was interviewed by Sgt. Medaries. Harold Black told Medaries that he had moved out of 221 Greenwood about two months prior to the homicides “’cause there’s nothing but guys stay there and then because of the drugs, I tell you the truth about that, this situation with drugs, I didn’t feel comfortable there, y’know?” R. 140. Black confirmed that there was a “good amount of drugs in the house.” Medaries asked “do you think that whoever went in there and did that did it to get the drugs or — or money?” and Black responded, “Yes, yes, yes I do… Yeah, I believe whoever went in that house… had to be somebody that knew us, knew what was going on, and yes, they did go there for drugs.” R. 141. Black continued: “And I think they killed them two little kids because the kids could identify them. Yes, I do believe that.” R. 141.
The scene at 221 Greenwood was thoroughly processed for potential evidence. Areas around the house where the perpetrator may have been, doorknobs, were dusted for fingerprints, but no usable prints were located. The perimeter of the house was examined for tire tracks or footprints, with no leads. R. 2205. Officers canvassed the neighborhood seeking information, but none of the residents provided any assistance.
On March 17, 2001, a week after the homicides, members of the Monroe Police Department recovered the .22 firearm used to commit the homicides from the median off Hwy 165 near Hadley Street. R. 207. The serial number was traced to a Randal[l] Smith, who said that he had given the gun to his son, Corey Smith. Corey Smith reported that the gun had been stolen out of his truck in “March or April 2001” while he was parked [at] the Library Lounge. Smith testified that he did not file a police report because he didn’t have the serial number. R. 207. The handgun was tested for fingerprints, and “there were no latent [fingerprints] on the weapon that would connect it to Tony Hunter…” Tr. 100.
On March 26, 2001, Anthony Rodgers was interviewed again. Investigators informed him that they had received an anonymous tip that advised that drugs were being sold out of his residence at 221 Greenwood Drive. Anthony Rodgers told Captain Harris that Williams was “very secretive with his business and did not discuss it.” R. 177. Rodgers was unable to identify anyone — buyers or sellers — who were involved with Williams but said that Williams had received a shipment of 20 to 25 lbs. of marijuana approximately one week prior to the homicides. R. 177. Anthony Rodgers later refused to testify at the trial for his godsons’ murders, informing the court that if he was called, he would assert his Fifth Amendment privilege. R. 2213.
The red truck
Two days after the homicides, Anthony Rogers’ sister, Emma Rodgers, told the police that on the night of the homicides, she left her job as a cashier at the Shell Station on DeSiard Street at 10 p.m. She briefly stopped by her house on Parkview Drive and then proceeded to her mother’s house at 409 Greenwood Drive to pick her children up. Her mother’s house is four or five houses from 221 Greenwood Drive. When she passed 221 Greenwood, she did not see any vehicles, so she decided not to stop. She picked up her kids, who were asleep, from her mother’s house and loaded them into her car. She testified she only stayed for five minutes because she was “ready to go.” R. 1895. When she drove back by 221 Greenwood, she noticed Chico’s off-white Ford Explorer truck parked in front of the door. She didn’t notice any lights on, so she didn’t stop and kept driving.
Emma Rodgers told the police that when she was driving on Greenwood, she observed a truck driving real slow past her headed in the opposite direction. She noticed the truck because it was driving slow and the left headlight was out. She described the truck as a red extended cab with dark tinted windows. She did not notice any of the occupants. R. 155. She thought to herself that if she had been driving without a working headlight, she would have gotten a ticket, but this guy is getting away with it. R. 1896. She said she had never seen the truck in the area before. R. 1896.
On March 26, 2001, Rodgers told police that about a week after the homicides she was sitting at the Shell Station by the register, right by the window, and looked up and saw “Trigger” in a red truck looking at her. R. 1897. She stated that he was driving a new red truck and that it was the same one she saw on Greenwood Drive the night of the homicides, a shiny red extended cab pick-up truck with tinted windows. R. 155. She had seen “Trigger” before on several occasions but had never seen him driving a red truck. R. 155.
No physical evidence or witnesses; the case goes cold
Captain Harris personally canvassed Tanglewood Subdivision and not a single person reported hearing or seeing anything related to the homicides on March 10, 2001. R. 2198. He specifically asked neighbors if they heard gunshots, and no one reported hearing anything. Harris testified: “when I hit the streets, I did a canvas of the entire neighborhood down at Tanglewood. I tell the people there was a lot of money out on the board for information. You tell me who did it, you know same as crime stoppers. Said, plus Crime Stoppers is offering a reward… I needed anybody that would talk to me, and I was running into a brick wall because nobody would talk.” At the bond hearing, Captain Harris was asked: “So you offered some financial incentive in exchange for information to help you resolve the case?” He responded, “Yes sir. Cash money.” R. 1439. The OPSO offered reward money in addition to the $2000 Crime Stoppers was offering for information about the homicides. R. 2207.
On March 11, 2002, the local newspaper printed an article titled: “Triple homicide unsolved a year later.” Maj. Pat Willis told the paper that “the Sheriff’s Office feels confident about who they believe was responsible for the shooting.” The paper reported that investigators had previously stated that an arrest would be made by the end of 2001. Willis said he wouldn’t “be satisfied with 2001 until the triple homicide is solved,” but that “leads in the case have totally dropped off. For some reason, no one is wanting to come forward. This is a difficult case to get anyone to talk to us about.”
OPSO focuses on Tony Hunter as a suspect without any evidence
In March 2001, when the homicides occurred, Tony Hunter was living with his girlfriend Stephanie Stokes and their four children in an apartment at 55 Colonial Man[o]r. He was employed as a welder’s helper at James Machine Works. R. 2238. His supervisor at James Machine Works, Ronald Davidson, testified that Tony Hunter worked a full week during the week of March 5–10, 2001, except for Thursday the 8th which was a day off, and a full 39 hour week the following week, March 12–16, 2001. R. 2239.
On March 7, 2001, Tony Hunter had leased a red 2000 Ford F-150 pick-up truck with an extended cab from Enterprise to get back and forth from work. R. 179. That night, Sgt. Hawkins of the OPSO conducted a traffic stop of Tony Hunter in the red Ford F-150 and issued him citations for driving 34 mph in a 15 mph zone and for having open container. R. 2081. Notably, the traffic stop occurred at 10:47 p.m., the day he leased a new truck and three days before the homicides, and Hunter was not cited for having a malfunctioning headlight, nor did the truck have aftermarket tinted windows. R. 183.
Three days later, on March 10, 2001, Tony Hunter brought his 11-year-old daughter Porcia to a party for all of the March birthdays on South 1st Street hosted by Brenda Graves, until about 7:30 p.m. He returned with Porcia to the apartment he shared with Stephanie Stokes, the mother of his four younger children, in Monroe. Stephanie Stokes remembered it was still light out when Tony and Porcia returned because her younger children wanted to play outside with their father and big sister, and they did. Stephanie Stokes specifically remembered this night because the following day was their son Tony Jr.’s birthday and Porcia spent the night to help get ready for Tony Jr.’s party. Stephanie remembered the tv being on because Tony always liked to watch the 10 o’clock news.
Almost two months later, on May 4, 2001, Tony Hunter was arrested for unauthorized use of a moveable in connection with failing to return the red Ford F-150 pick-up truck he had rented from Enterprise on his credit card. When he was arrested, Lamont Smiley was driving the F-150 and Tony Hunter was riding in the passenger seat. R. 2173. Prior to Tony Hunter’s arrest, Detective David Harris contacted Enterprise Rental Car on May 4, 2001, and asked the manager… permission to seize the 2000 Ford F-150 pick-up rented by Hunter to process it for physical evidence in the triple homicide.
On May 10, 2001, investigators processed the red F-150. The front seats and carpet were processed with Luminal. R. 174. The upholstery and carpet were vacuumed for hairs, fibers, and blood. The results all came back negative. R. 2102, 2104. Detective Harris testified that when he examined the red truck a few days after it was seized it had two functioning headlights and only a factory tint. R. 2194. The F-150 was thoroughly processed for possible evidence.
Various items of Tony Hunter’s clothing were collected from his Colonial Man[o]r apartment including a sweater and a shirt that “appeared to have blood stains on them.” They were sent out for processing at Gene Screen and came up with negative results. R. 2101.
On May 6, 2001, Tony Hunter was interviewed by Detective Harris at the Ouachita Correctional Center. Tony Hunter was read and waived his Miranda rights. He told the Detective that he did not know Levi Williams or the two children and that he had never been to 221 Greenwood Drive. R. 182. He adamantly denied being involved in the murders, stating that he had five of his own children and would never hurt a child. R. 182. He offered to take a lie detector test to prove his innocence.
Brenda Graves was interviewed on May 8, 2001, and confirmed that Tony Hunter had been at the March birthdays party on March 10, 2001 until at least 7:30 p.m. R. 185. Brenda Graves confirmed that Tony was at the birthday party with his daughter, Porcia, who was 11 or 12 years old at the time. She told investigators that she did not see him after 7:30 p.m. R. 185.
On June 6, 2001, while incarcerated at the Ouachita Parish Correctional Center, Tony Hunter was arrested for the murder of Roderick Hall. He was never indicted. On June 12, 2001, KTVE aired multiple stories announcing that Tony Hunter had been arrested for the murder of Roderick Hall and that investigators believed Tony Hunter also had involvement in the Tanglewood homicides.
Within a matter of weeks after the airing of the KTVE stories announcing that Tony Hunter was involved in the triple homicide at Tanglewood, various obviously uncredible statements implicating Hunter and Nelson began rolling in to the OPSO.
On June 20, 2001, Sherry Hines was interviewed on Greenwood Drive. R. 156. Ms. Hines gave a wild statement to the OPSO alleging that Nelson and Tony “Collins” killed the people in Tanglewood… Ms. Hines’ statement was contradicted by the physical condition of the crime scene, the appearance of the victims, their relationship with each other, where they were shot, and where evidence — including the murder weapon — were found. Ms. Hines was not called at trial and no mention was made of her statement. However, her statement, and its proximity to the airing of the news stories about Tony Hunter, is evidence that as early as June 20, 2001, Glen Dale Nelson was trying to implicate Tony Hunter in the Tanglewood murders.
Soon after Sherry Hines gave her statement to the OPSO, longtime jailhouse informants incarcerated at the Ouachita Parish Correctional Center with Hunter began requesting meetings with investigators, offering statements implicating Tony Hunter in the Tanglewood homicides: Vaccara Comanche (July 20, 2001); Christopher Wiggins (August 2, 2001); Clarence Kennedy (August 20, 2001).
Months after Comanche, Kennedy and Wiggins provided their recorded statements to investigators, Tony Hunter had still not [been] arrested for the triple homicides in Tanglewood. On February 2, 2002, the State received the January 30, 2002 Gene Screen report that excluded Hunter from being tied to the murder scene, the victims, and the murder weapon. R. 229.
On October 17, 2002, nineteen months after the homicides and over 12 months after three jailhouse informants gave recorded statements implicating him, Tony Hunter was indicted.
The State’s Case at Trial
During its opening statement, the State laid out its case, conceding that there was absolutely no physical or forensic evidence, nor any eyewitness testimony, connecting Tony Hunter to the homicides committed at 221 Greenwood Drive on March 10, 2001. However, the State stated as fact that Tony Hunter was smart, “cold and calculating”:
“…The truck was processed but there was nothing that was found in the truck that linked Tony Hunter to the crime scene itself. You’ll hear that the crime scene unit did not recover any usable prints from inside 221 Greenwood… And that also they did not come up with any type of other physical evidence that would link the inside of 221 Greenwood to Tony Hunter. So basically, at this time the sheriff’s office had run up into a brick wall. They had no physical evidence from the inside of the residence to link them to Tony Hunter and although they had the gun that was used, they had no evidence that linked it to Tony Hunter as well. But, then again, Tony Hunter showed how cold[,] calculating and to some extent how smart he was or how smart he thought he was… During the course of these proceedings, you will probably hear evidence and reach a conclusion that Tony Hunter did not act alone. That’s fine. The State’s not contending otherwise.”
(State’s opening statement, R. 1623–1628.)
Tony Hunter was convicted and sentenced to three consecutive life sentences, followed by a 49½ year sentence, based solely on the inconsistent, unreliable, and uncorroborated testimony of three career criminals, who were compelled by some form of self-preservation to testify against Tony Hunter.
THE NEW EVIDENCE
In this timely filed, fourth, supplemental petition for post-conviction relief, Mr. Hunter submits a claim of factual innocence pursuant to the newly enacted La. C.Cr.P. art. 926.2. Mr. Hunter submits the following new, non-cumulative evidence, in support of his claim: Declaration by Robert M. Bloom; Affidavit of Jody Rucks; Affidavit of Stephanie Stokes; Affidavit of Willie Campbell; Affidavit of Keith Davis.
Mr. Hunter submits that the new, reliable, non-cumulative evidence that was not presented to the jury, when viewed in light of all of the relevant evidence, including the unreliable jailhouse informant testimony that was admitted at trial, along with any evidence that may be propounded by the state either in a response to this post-conviction petition or at an evidentiary hearing ordered by the court, will establish by clear and convincing evidence… that had the evidence been presented at trial, no rational juror would have found Tony Hunter guilty beyond a reasonable doubt of either second degree murder, or attempted armed robbery, or of any of the responsive verdicts to those offenses.
LAW AND ARGUMENT
CLAIM I. TONY HUNTER IS FACTUALLY INNOCENT OF THE TRIPLE HOMICIDE AND ATTEMPTED ARMED ROBBERY ON GREENWOOD DRIVE.
Tony Hunter is factually innocent of the triple homicide that occurred at 221 Greenwood Drive on March 10, 2001. He was never there. On March 10, 2001, Tony Hunter was at a party for March birthdays with his 11-year-old daughter, Porcia, on South 1st Street in Monroe that was hosted by Brenda Graves. He stayed there until 7:30 p.m., when he returned to the apartment in Colonial Man[o]r that he shared with his girlfriend, Stephanie Stokes, and their four children. He stayed at their apartment the entire night, spending time with his family and getting ready for his son’s birthday party, which was on the following day. Tony Hunter learned about the Tanglewood homicides the day after they occurred on March 11, 2001, while he was celebrating his young son’s birthday.
In Schlup v. Delo, the United States Supreme Court highlighted that “concern about the injustice that results from the conviction of an innocent person has long been at the core of our criminal justice system.” Schlup v. Delo, 513 U.S. 298, 325 (1995). That concern is reflected, for example, in the “fundamental value determination of our society that it is far worse to convict an innocent man than to let a guilty man go free.” In re Winship, 397 U.S. 358, 372 (1970) (Harlan, J., concurring). See also T. Starkie, Evidence 756 (1824) (“The maxim of the law is… that it is better that ninety-nine… offenders should escape, than that one innocent man should be condemned”).
In 2021, the Louisiana Legislature finally codified its recognition that a defendant’s factual innocence warrants a freestanding ground for seeking post-conviction relief when it passed La. C.Cr.P. art. 926.2. In State v. Pierre, 13-0873 (La. 10/15/13), 125 So. 3d 403, the Louisiana Supreme Court clarified that “[a]ctual innocence also referred to as factual innocence is different than legal innocence. Factual innocence is not demonstrated merely by showing that there was insufficient evidence to prove guilt beyond a reasonable doubt.” While the Louisiana Supreme Court did not fully define the burden of proof for factual innocence, it stated that a petitioner must persuade the district court that, in light of the new evidence, no juror, acting reasonably, would have voted to find him guilty beyond a reasonable doubt. McQuiggin v. Perkins, 569 U.S. 383 (2013). Further, a credible claim requires new reliable evidence, whether it be exculpatory scientific evidence, trustworthy eyewitness accounts, or critical physical evidence, that was not presented at trial. Pierre, 125 So.3d at 409.
[The application continues through the compensation-statute analogy (La. R.S. 15:572.8; Burge; In re Williams; State v. Ford) and quotes Article 926.2 in full, then applies the standard through: the absence of physical evidence; the Stephanie Stokes alibi; the jailhouse-informant research and jurisprudence (“‘Dirty Business’”); the Bloom declaration; and the informant-by-informant reliability analysis transcribed across the Comanche, Kennedy, Wiggins and Nelson files — including the passage arguing that “the virus of corruption and manipulation permeated the testimony of the jailhouse witnesses… and there was no corroborating evidence to demonstrate its trustworthiness or reliability.”]
CONCLUSION — as filed
WHEREFORE, for the foregoing reasons and any that may appear to the Court, Mr. Hunter respectfully requests the post-conviction relief detailed herein.
Respectfully Submitted — Rachel I. Conner, La. Bar No. 29726; Grace N. Bronson, La. Bar No. 40292; Law Office of Rachel I. Conner, New Orleans; Counsel for Tony Hunter.
Disposition: denied February 1, 2023, without an evidentiary hearing; writs denied June 1, 2023 (2d Cir.) and November 21, 2023 (La.). Back to all case documents.