State v. Diaz

Supreme Court of Louisiana

State v. Diaz

855 So. 2d 732, 2003 La. LEXIS 2243, 2003 WL 22061285

Supreme Court of Louisiana·Decided September 5, 2003·No. No. 2002-KP-2460·Published

Opinion

PER CURIAM.

Denied. Although the district court erred by granting the state’s motion to reconsider its ruling granting relator’s application for post-conviction relief, see La. C.Cr.P. art. 930.6; State v. Ford, 96-2919 (La.5/30/97), 694 So.2d 917; State v. Clayton, 96-1658 (La.2/27/97), 687 So.2d 996; State ex rel. Lewis v. Cr.D.C., 571 So.2d 659 (La.1990), relator’s underlying claim concerning the district court’s failure to determine his competence to proceed after the state and the defense filed a joint motion for a mental status examination is time-barred by La.C.Cr.P. art. 930.8 and State ex rel. Glover v. State, 93-2330 (La.9/5/95), 660 So.2d 1189.

JOHNSON, J., wold grant the writ.

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PER CURIAM.

Denied. Although the district court erred by granting the state’s motion to reconsider its ruling granting relator’s application for post-conviction relief, see La. C.Cr.P. art. 930.6; State v. Ford, 96-2919 (La.5/30/97), 694 So.2d 917; State v. Clayton, 96-1658 (La.2/27/97), 687 So.2d 996; State ex rel. Lewis v. Cr.D.C., 571 So.2d 659 (La.1990), relator’s underlying claim concerning the district court’s failure to determine his competence to proceed after the state and the defense filed a joint motion for a mental status examination is time-barred by La.C.Cr.P. art. 930.8 and State ex rel. Glover v. State, 93-2330 (La.9/5/95), 660 So.2d 1189.

JOHNSON, J., wold grant the writ.

State v. Diaz, 855 So. 2d 732, 2003 La. LEXIS 2243, 2003 WL 22061285 (La. 2003).

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Opinion

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