Burl Cain, Warden
Criminal District Court
Parish of Orleans
Case No. 322-352 " A"
APPLICATION FOR POST-CONVICTION RELIEF
Petitioner Booker Diggins, by and through counsel, moves this Court to grant
him post-conviction relief, and vacate his convictions for aggravated rape, armed
robbery, and conspiracy to commit armed robbery. Recent scientific testing has
demonstrated that, while Petitioner is Blood Type "0", the perpetrator of the crime for
which Petitioner was convicted is Blood Type" A" - a fact which was never disclosed to
the defense at triaL. It is now a demonstrable scientific impossibilty for Petitioner to
have been the perpetrator of the crimes for which he stands convicted, and for which he
has spent over twenty-two years in the Louisiana State Penitentiary.
Pursuant to Brady v. Maryland, 373 u.s. 83 (1963), State v. Mathis, 970 So.2d 505
(La. 2007), State v. Conway, 816 So.2d 290 (La. 2007); the Fourth, Fifth, Sixth, Eighth and
Fourteenth Amendments to the u.s. Constitution; Article I, Sections Two, Sixteen,
Nineteen, Twenty, Twenty-One, Twenty-Two, and Twenty-Four of the Louisiana
Constitution; and on various other related grounds, Petitioner requests this Court
vacate his conviction as the State withheld material exculpatory evidence denying
Petitioner a fair trial, and the newly discovered scientific testing proves, beyond all
doubt, his innocence of this aggravated rape and armed robbery.
January 25, 1988, Petitioner was convicted of aggravated rape, armed
robbery, and conspiracy to commit armed robbery. The crime occurred at a restaurant
on the Riverwalk. The two assailants waited in the restaurant's storeroom, and when
the victim, an assistant manager, entered the room, they handcuffed her to a wooden
post and gagged her. While the" short" attacker tried to open the safe, the" tall"