State ex rel. Besse v. State

Supreme Court of Louisiana

State ex rel. Besse v. State

217 So. 3d 341, 2017 WL 1459941, 2017 La. LEXIS 841

CourtSupreme Court of Louisiana

DecidedApril 24, 2017

DocketNo. 15-KH-2297

StatusPublished

This text of 217 So. 3d 341 (State ex rel. Besse 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.

Bluebook

State ex rel. Besse v. State, 217 So. 3d 341, 2017 WL 1459941, 2017 La. LEXIS 841 (La. 2017).

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Opinion

PER CURIAM:

1 denied. Construing relator’s pleading as a bona fide motion for new trial, in accordance with its caption, it is untimely and the district court did not err in dismissing it. See La.C.Cr.P. art. 851(B)(3); La.C.Cr.P. art. 853(B). In the alternative, construing the pleading as an application for post-conviction relief, see La.C.Cr.P. art. 924(1) (“An ‘application for post conviction relief means a petition filed by a person in custody after sentence following conviction for the commission of an offense seeking to have the conviction and sentence set aside.”), it was not timely filed in the district court, and relator 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 previously exhausted his right to state collateral review. See State ex rel. Besse v. State, 14-2636 (La. 2/26/16), 184 So.3d 1272.

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PER CURIAM:

1 denied. Construing relator’s pleading as a bona fide motion for new trial, in accordance with its caption, it is untimely and the district court did not err in dismissing it. See La.C.Cr.P. art. 851(B)(3); La.C.Cr.P. art. 853(B). In the alternative, construing the pleading as an application for post-conviction relief, see La.C.Cr.P. art. 924(1) (“An ‘application for post conviction relief means a petition filed by a person in custody after sentence following conviction for the commission of an offense seeking to have the conviction and sentence set aside.”), it was not timely filed in the district court, and relator 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 previously exhausted his right to state collateral review. See State ex rel. Besse v. State, 14-2636 (La. 2/26/16), 184 So.3d 1272.

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Bluebook (online)

217 So. 3d 341, 2017 WL 1459941, 2017 La. LEXIS 841, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-besse-v-state-la-2017.

Opinion

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