Home/Supreme Court of Louisiana/State v. Calais

State v. Calais

262 So. 3d 891
CourtSupreme Court of Louisiana
DecidedJanuary 28, 2019
DocketNo. 2018-KH-0215
StatusPublished

This text of 262 So. 3d 891 (State v. Calais) 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. Calais, 262 So. 3d 891 (La. 2019).

Opinion

PER CURIAM:

Denied. The application is properly construed as an untimely application for post-conviction relief. See State ex rel. Glover v. State , 93-2330, pp. 9-11 (La. 9/5/95), 660 So.2d 1189, 1195-96 (distinguishing habeas corpus from post-conviction relief and endorsing La.C.Cr.P. art. 351 and its cmt. (c), which states that "habeas corpus is not the proper procedural device for petitioners who may file applications for post conviction relief;" rather, it "deals with pre-conviction complaints concerning custody."). In addition, relator previously exhausted his right to state collateral review. See State ex rel. Calais v. Smith , 16-0476 (La. 6/5/17), 221 So.3d 58.

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Related

State Ex Rel. Glover v. State
660 So. 2d 1189 (Supreme Court of Louisiana, 1995)
State ex rel. Calais v. State
221 So. 3d 58 (Supreme Court of Louisiana, 2017)

Cite This Page — Counsel Stack

Bluebook (online)
262 So. 3d 891, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-calais-la-2019.