State Of Louisiana v. Stanley Lindsey

Opinion

1 1 1; 1 1s1 COURT OF APPEAL, FIRST CIRCUIT

STATE OF LOUISIANA NO. 2020 KW 0239

VERSUS

STANLEY LINDSEY

APR 2 8 2010

In Re: Stanley Lindsey, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 3050854.

BEFORE: WHIPPLE, C. J., GUIDRY AND BURRIS,' JJ.

WRIT DENIED. Relator' s application was not timely filed in the district court, and relator fails to carry his burden to show that an exception applies. See La. Code Crim. P. art. 930. 8( A).

If an application for postconviction relief is untimely, it should not be considered on the merits. See State v. LeBlanc, 2006- 0169 La. 9/ 15/ 06), 937 So. 2d 844 ( per curiam). Furthermore, relator

has not advanced a convincing claim of actual innocence. See State v. Pierre, 201.3- 0873 ( La. 10/ 15/ 13), 125 So. 3d 403; State v.

Conway, 2001- 2808 ( La. 4/ 12/ 02), 816 So. 2d 290. Finally, relator

is not entitled to DNA testing in this case. See La. Code Crim. P. art. 926. 1( B)( 1). Accordingly, the district court did not err by denying relator' s application for postconviction relief. See

La. Code Crim. P. art. 928.

VGW JMG

WJB

COURT OF APPEAL, FIRST CIRCUIT

Ut'

DEPUTY

Lp4t CLERK OF COURT FOR THE COURT

1 Judge William J. Burris, retired, serving pro tempore by special appointment of the Louisiana Supreme Court.