State v. Deloch

Supreme Court of Louisiana

State v. Deloch

140 So. 3d 1167, 2014 WL 2683021, 2014 La. LEXIS 1197

CourtSupreme Court of Louisiana

DecidedMay 16, 2014

DocketNo. 2013-KP-1975

StatusPublished

This text of 140 So. 3d 1167 (State v. Deloch) 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. Deloch, 140 So. 3d 1167, 2014 WL 2683021, 2014 La. LEXIS 1197 (La. 2014).

Pincite

Opinion

In re State of Louisiana; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Iberville, 18th Judicial District Court Div. C, No. 767-79; to the Court of Appeal, First Circuit, No. 2012 KW 0995.

Writ granted. The district court’s judgment overruling the state’s procedural objection is vacated. Martinez v. Ryan, 566 U.S. -, 132 S.Ct. 1309, 132 L.Ed.2d 272 (2012), announced a rule permitting federal courts conducting habeas corpus review of final state court convictions to consider the merits of a claim otherwise procedurally defaulted. The decision does not apply to relator’s post-conviction claims made in state court. Relator fails to show an exception to the post-conviction limitations period of La.C.Cr.P. art. 930.8 and his application is time barred. La.C.Cr.P. art. 930.8; State ex rel. Glover v. State, 93-2330 (La.9/5/95), 660 So.2d 1189.

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

In re State of Louisiana; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Iberville, 18th Judicial District Court Div. C, No. 767-79; to the Court of Appeal, First Circuit, No. 2012 KW 0995.

Writ granted. The district court’s judgment overruling the state’s procedural objection is vacated. Martinez v. Ryan, 566 U.S. -, 132 S.Ct. 1309, 132 L.Ed.2d 272 (2012), announced a rule permitting federal courts conducting habeas corpus review of final state court convictions to consider the merits of a claim otherwise procedurally defaulted. The decision does not apply to relator’s post-conviction claims made in state court. Relator fails to show an exception to the post-conviction limitations period of La.C.Cr.P. art. 930.8 and his application is time barred. La.C.Cr.P. art. 930.8; State ex rel. Glover v. State, 93-2330 (La.9/5/95), 660 So.2d 1189.

Cite This Page — Counsel Stack

Bluebook (online)

140 So. 3d 1167, 2014 WL 2683021, 2014 La. LEXIS 1197, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-deloch-la-2014.

Opinion

Related

Cite This Page — Counsel Stack