State Of Louisiana v. Preston G. Demouchette, Jr.

CourtLouisiana Court of Appeal
DecidedJuly 5, 2022
Docket2022KW0342
StatusUnknown

This text of State Of Louisiana v. Preston G. Demouchette, Jr. (State Of Louisiana v. Preston G. Demouchette, Jr.) 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.

Bluebook
State Of Louisiana v. Preston G. Demouchette, Jr., (La. Ct. App. 2022).

Opinion

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

STATE OF LOUISIANA NO. 2022 KW 0342

VERSUS

PRESTON G. DEMOUCHET, JR. JULY 5, 2022

In Re: Preston G. Demouchet, Jr., applying for supervisory writs, 16th Judicial District Court, Parish of St.

Mary, No. 95- 141810.

BEFORE: McCLENDON, WELCH, AND HESTER, JJ.

WRIT DENIED. A conviction may not be collaterally attacked through a motion to correct an illegal sentence. See La. Code

Crim. P. art. 881. 5. is well established that a pleading is It

construed for what it really is and not for what it is labeled. Rochon v. Young, 2008- 1349 ( La. App. 1st Cir. 2/ 13/ 09), 6 So. 3d 890, 892, writ denied, 2009- 0745 ( La. 1/ 29/ 10), 25 So. 3d 824. If the inmate files a pleading that requests postconviction

relief, the pleading should be treated as such, including the

application of the time limit of article 930. 8. See State v.

Jarrow, 2004- 0483 ( La. 9/ 24/ 04), 882 So. 2d 1160.

PMC JEW

CHH

l 0 DEPUTY CLERK OF COURT FOR THE COURT

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Rochon v. Young
6 So. 3d 890 (Louisiana Court of Appeal, 2009)

Cite This Page — Counsel Stack

Bluebook (online)
State Of Louisiana v. Preston G. Demouchette, Jr., Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-of-louisiana-v-preston-g-demouchette-jr-lactapp-2022.