State ex rel. Sellers v. State

207 So. 3d 1042, 2016 La. LEXIS 2490
CourtSupreme Court of Louisiana
DecidedDecember 16, 2016
DocketNo. 2015-KH-1871
StatusPublished

This text of 207 So. 3d 1042 (State ex rel. Sellers 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. Sellers v. State, 207 So. 3d 1042, 2016 La. LEXIS 2490 (La. 2016).

Opinion

PER CURIAM:

| jDenied. The application 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; see State ex rel. Glover v. State, 93-2330, pp. 9-11 (La. 9/5/95), 660 So.2d 1189, 1195-96 (distinguishing habeas corpus from post-conviction relief and endorsing La.C.Cr.P. Art. 351 and its cmt. (c), which states that “habeas corpus is not the proper procedural device for petitioners who may file applications for post-conviction relief;” rather, it “deals with pre-conviction complaints concerning custody”).

Relator has previously exhausted his light to state collateral review. See State ex rel. Sellers v. State, 15-0295 (La. 11/20/15), 178 So.3d 983.

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Related

State Ex Rel. Glover v. State
660 So. 2d 1189 (Supreme Court of Louisiana, 1995)
State ex rel. Sellers v. State
178 So. 3d 983 (Supreme Court of Louisiana, 2015)

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Bluebook (online)
207 So. 3d 1042, 2016 La. LEXIS 2490, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-sellers-v-state-la-2016.