State ex rel. Dyer v. State

Supreme Court of Louisiana

State ex rel. Dyer v. State

888 So. 2d 185, 2004 La. LEXIS 3396, 2004 WL 2983872

CourtSupreme Court of Louisiana

DecidedNovember 19, 2004

DocketNo. 2004-KP-1715

StatusPublished

Cited by1 cases

This text of 888 So. 2d 185 (State ex rel. Dyer 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.

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State ex rel. Dyer v. State, 888 So. 2d 185, 2004 La. LEXIS 3396, 2004 WL 2983872 (La. 2004).

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In re Dyer, Austin; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. P, No. 98-4147; to the Court of Appeal, Fifth Circuit, No. 04-KH-623.

Writ granted in part; otherwise denied; case remanded to the district court. Because relator’s conviction did not become final under La.C.Cr.P. art. 922 until this Court denied his application for writs on direct review in June, 2003, see State v. Dyer, 01-1579 (La.6/27/03), 847 So.2d 1256, the prescriptive period of La.C.Cr.P. art. 930.8 does not bar consideration of relator’s application for post-conviction relief filed in April, 2004. See generally State ex rel. Wilson v. State, 01-1464 (La.3/15/02), 812 So.2d 622. The district court is accordingly ordered to give the application merits consideration.

JOHNSON, J., would deny the writ.

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In re Dyer, Austin; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. P, No. 98-4147; to the Court of Appeal, Fifth Circuit, No. 04-KH-623.

Writ granted in part; otherwise denied; case remanded to the district court. Because relator’s conviction did not become final under La.C.Cr.P. art. 922 until this Court denied his application for writs on direct review in June, 2003, see State v. Dyer, 01-1579 (La.6/27/03), 847 So.2d 1256, the prescriptive period of La.C.Cr.P. art. 930.8 does not bar consideration of relator’s application for post-conviction relief filed in April, 2004. See generally State ex rel. Wilson v. State, 01-1464 (La.3/15/02), 812 So.2d 622. The district court is accordingly ordered to give the application merits consideration.

JOHNSON, J., would deny the writ.

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888 So. 2d 185, 2004 La. LEXIS 3396, 2004 WL 2983872, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-dyer-v-state-la-2004.

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