State v. Brown

Supreme Court of Louisiana

State v. Brown

5 So. 3d 107, 2009 La. LEXIS 709, 2009 WL 859848

CourtSupreme Court of Louisiana

DecidedMarch 13, 2009

DocketNo. 2008-KP-0311

StatusPublished

Cited by1 cases

This text of 5 So. 3d 107 (State v. Brown) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Brown, 5 So. 3d 107, 2009 La. LEXIS 709, 2009 WL 859848 (La. 2009).

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Opinion

In re Brown, Quincy; — Defendant; Applying For Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. H, No. 406-890; to the Court of Appeal, Fourth Circuit, No. 2007-K-1604.

Writ granted in part; otherwise denied; case remanded. Because relator’s “judgment of conviction and sentence” did not become final under La.C.Cr.P. art. 914 and art. 922 until 30 days following his resen-tencing on October 12, 2004, cf. State ex rel. Frazier v. State, 03-0242 (La.2/6/04), 868 So.2d 9, his amended application and other pleadings filed in open court November 9, 2006, arrived timely. La.C.Cr.P. art. 930.8(A) (application for post-conviction relief must be filed within two years of finality of conviction and sentence) (emphasis added). The district court is accordingly ordered to give the amended [108]*108application merits consideration. In all other respects the application is denied.

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In re Brown, Quincy; — Defendant; Applying For Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. H, No. 406-890; to the Court of Appeal, Fourth Circuit, No. 2007-K-1604.

Writ granted in part; otherwise denied; case remanded. Because relator’s “judgment of conviction and sentence” did not become final under La.C.Cr.P. art. 914 and art. 922 until 30 days following his resen-tencing on October 12, 2004, cf. State ex rel. Frazier v. State, 03-0242 (La.2/6/04), 868 So.2d 9, his amended application and other pleadings filed in open court November 9, 2006, arrived timely. La.C.Cr.P. art. 930.8(A) (application for post-conviction relief must be filed within two years of finality of conviction and sentence) (emphasis added). The district court is accordingly ordered to give the amended [108]*108application merits consideration. In all other respects the application is denied.

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5 So. 3d 107, 2009 La. LEXIS 709, 2009 WL 859848, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-brown-la-2009.

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