State ex rel. Weber v. State

Supreme Court of Louisiana

State ex rel. Weber v. State

864 So. 2d 613, 2004 La. LEXIS 106, 2004 WL 287633

Supreme Court of Louisiana·Decided January 16, 2004·No. No. 2003-KP-1172·Published

Opinion

In re State of Louisiana;—Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. E, No. 323-962; to the Court of Appeal, Fourth Circuit, No. 2003-K-0574.

Writ granted; conviction reinstated. Respondent’s filing below, properly considered as an application for post-conviction relief, see State v. Tran, 00-2471 (La.6/1/01), 793 So.2d 172, was untimely by a matter of years . and, should not have been considered on the merits by the district court. La.C.Cr.P. art. 930.8; State ex rel. Glover v. State, 93-2330, p. 21-22 (La.1995), 660 So.2d 1189.

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In re State of Louisiana;—Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. E, No. 323-962; to the Court of Appeal, Fourth Circuit, No. 2003-K-0574.

Writ granted; conviction reinstated. Respondent’s filing below, properly considered as an application for post-conviction relief, see State v. Tran, 00-2471 (La.6/1/01), 793 So.2d 172, was untimely by a matter of years . and, should not have been considered on the merits by the district court. La.C.Cr.P. art. 930.8; State ex rel. Glover v. State, 93-2330, p. 21-22 (La.1995), 660 So.2d 1189.

State ex rel. Weber v. State, 864 So. 2d 613, 2004 La. LEXIS 106, 2004 WL 287633 (La. 2004).

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Opinion

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