State Of Louisiana v. Leron K. Clark

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