State Of Louisiana v. Leron K. Clark
This text of State Of Louisiana v. Leron K. Clark (State Of Louisiana v. Leron K. Clark) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT
STATE OF LOUISIANA NO. 2025 KW 0580
VERSUS
LERON K. CLARK AUGUST 18, 2025
In Re: Leron K. Clark, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 02-10-0927.
BEFORE : McCLENDON, C.J., GREENE AND STROMBERG, JJ.
WRIT DENIED. “Habeas corpus is not the proper procedural device for petitioners who may file applications for post conviction relief. Essentially, habeas corpus deals with preconviction complaints concerning custody.” La. Code Crim. P. art. 351, Official Revision Comment (c). Relator’s filing raises claims in the nature of postconviction relief. See La. Code Crim. P. art. 924(1). A pleading’s nature is determined by its substance and not its caption. State ex rel. Lay v. Cain, 96-1247 (La. App. lst Cir. 2/14/97), 691 So.2d 135, 137. Relator’s filing is untimely and he failed to establish an exception to the time limitation set forth in La. Code Crim. P. art. 930.8(A). If an application for postconviction relief is untimely under Article 930.8, it should not be considered on the merits. See State v. LeBlanc, 2006-0169 (La. 9/15/06), 937 So.2d 844 (per curiam).
PMc TPS
Greene, J., concurs.
-cQURT OF APPEAL, FIRST CIRCUIT
FOR THE COURT
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