State v. Hines

Supreme Court of Louisiana

State v. Hines

896 So. 2d 987, 2005 La. LEXIS 724, 2005 WL 840108

Supreme Court of Louisiana·Decided March 18, 2005·No. No. 2004-KP-2868·Published

Opinion

In re State of Louisiana; — Plaintiff; Applying for Supervisory and/or Remedial [988]*988Writs, Parish of Orleans, Criminal District Court Div. H, No. 335-090; to the Court of Appeal, Fourth Circuit, No. 2004-K-1826.

Writ granted; sentence reinstated. Relator’s filing below, properly considered as an application for post-conviction relief, was untimely by a matter of twelve years and should not have been considered on the merits by the district court. La. C.Cr.P. art. 930.8; State ex rel. Glover v. State, 93-2330 (La.9/5/95), 660 So.2d 1189; La.C.Cr.P. art. 930.3; State ex rel. Melinie v. State, 93-1380 (La.1/12/96), 665 So.2d 1172.

JOHNSON, J., would deny the writ.

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In re State of Louisiana; — Plaintiff; Applying for Supervisory and/or Remedial [988]*988Writs, Parish of Orleans, Criminal District Court Div. H, No. 335-090; to the Court of Appeal, Fourth Circuit, No. 2004-K-1826.

Writ granted; sentence reinstated. Relator’s filing below, properly considered as an application for post-conviction relief, was untimely by a matter of twelve years and should not have been considered on the merits by the district court. La. C.Cr.P. art. 930.8; State ex rel. Glover v. State, 93-2330 (La.9/5/95), 660 So.2d 1189; La.C.Cr.P. art. 930.3; State ex rel. Melinie v. State, 93-1380 (La.1/12/96), 665 So.2d 1172.

JOHNSON, J., would deny the writ.

State v. Hines, 896 So. 2d 987, 2005 La. LEXIS 724, 2005 WL 840108 (La. 2005).

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Opinion

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