State ex rel. Atkins v. State
This text of 222 So. 3d 1256 (State ex rel. Atkins v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
[1257]*1257ON SUPERVISORY WRITS TO THE FOURTH JUDICIAL DISTRICT COURT, PARISH OF MORE-HOUSE
|! Denied. Relator does not identify an illegal term in his sentence, and therefore, his filing is properly construed as an application for post-conviction relief. See State v. Parker, 98-0256 (La. 5/8/98), 711 So.2d 694. As such, it is subject to the time limitation set forth in La.C.Cr.P. art. 930.8. Relator’s application was not timely filed in the district court, and he fails to carry his burden to show that an exception applies. La.C.Cr.P. art. 930.8; State ex rel. Glover v. State, 93-2330 (La. 9/5/95), 660 So.2d 1189.
Moreover, relator has previously exhausted his right to state collateral review. See State ex rel. Atkins v. State, 15-2294 (La. 8/4/17), 223 So.3d 502, 2017 WL 3367642.
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Cite This Page — Counsel Stack
222 So. 3d 1256, 2017 La. LEXIS 1623, 2017 WL 3379045, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-atkins-v-state-la-2017.