STATE EX REL. SPANN v. State

17 So. 3d 952, 2009 WL 3248282
CourtSupreme Court of Louisiana
DecidedSeptember 4, 2009
Docket2008-KH-2392
StatusPublished

This text of 17 So. 3d 952 (STATE EX REL. SPANN 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. SPANN v. State, 17 So. 3d 952, 2009 WL 3248282 (La. 2009).

Opinion

17 So.3d 952 (2009)

STATE ex rel. Carlos SPANN
v.
STATE of Louisiana.

No. 2008-KH-2392.

Supreme Court of Louisiana.

September 4, 2009.

Granted for the sole purpose of remanding the application to the court of appeal for treatment on the merits. Department of Public Safety and Corrections records reveal that relator has a full-term release date of May 16, 2010. The application for post-conviction relief thus satisfies the; custody requirement of La.C.Cr.P. art. 924(2) ("`Custody' means detention or confinement, or probation or parole supervision...."). See also State v. Smith, 96-1798, p. 4-6 (La.10/21/97), 700 So.2d 493, 495-96 (analyzing custody requirement in light of State ex rel. Becnel v. Blackburn, 410 So.2d 1015 (La.1982)). In all other respects, the application is denied.

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Related

State Ex Rel. Becnel v. Blackburn
410 So. 2d 1015 (Supreme Court of Louisiana, 1982)
State v. Smith
700 So. 2d 493 (Supreme Court of Louisiana, 1997)

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Bluebook (online)
17 So. 3d 952, 2009 WL 3248282, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-spann-v-state-la-2009.