State v. Quinn

Supreme Court of Louisiana

State v. Quinn

163 So. 3d 799, 2015 La. LEXIS 1004, 2015 WL 1893315

CourtSupreme Court of Louisiana

DecidedApril 10, 2015

DocketNo. 2014-OK-1831

StatusPublished

Cited by2 cases

This text of 163 So. 3d 799 (State v. Quinn) 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. Quinn, 163 So. 3d 799, 2015 La. LEXIS 1004, 2015 WL 1893315 (La. 2015).

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Opinion

In re State of Louisiana; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Iberia, 16th Judicial District Court Div. E, No. 04-1397; to the Court of Appeal, Third Circuit, No. KW 14-00226.

Granted. The court of appeal erred to the extent that it granted respondent Michael Quinn partial relief and vacated his habitual offender adjudication and sentence. State ex rel. Melinie v. State, 93-1380 (La.1/12/96), 665 So.2d 1172 precludes consideration of any habitual offender adjudication error on collateral review. See State v. Cotton, 09-2397 (La.10/15/10), 45 So.3d 1030 (“[A] habitual offender adjudication ... constitutes sentencing for purposes of Melinie and La.C.Cr.P. art. 930.3, which provides no vehicle for post-conviction consideration of claims arising out of habitual offender proceedings, as opposed to direct appeal of the conviction and sentence.”). Respondent’s habitual offender [800]*800adjudication and sentence are therefore reinstated.

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In re State of Louisiana; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Iberia, 16th Judicial District Court Div. E, No. 04-1397; to the Court of Appeal, Third Circuit, No. KW 14-00226.

Granted. The court of appeal erred to the extent that it granted respondent Michael Quinn partial relief and vacated his habitual offender adjudication and sentence. State ex rel. Melinie v. State, 93-1380 (La.1/12/96), 665 So.2d 1172 precludes consideration of any habitual offender adjudication error on collateral review. See State v. Cotton, 09-2397 (La.10/15/10), 45 So.3d 1030 (“[A] habitual offender adjudication ... constitutes sentencing for purposes of Melinie and La.C.Cr.P. art. 930.3, which provides no vehicle for post-conviction consideration of claims arising out of habitual offender proceedings, as opposed to direct appeal of the conviction and sentence.”). Respondent’s habitual offender [800]*800adjudication and sentence are therefore reinstated.

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Bluebook (online)

163 So. 3d 799, 2015 La. LEXIS 1004, 2015 WL 1893315, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-quinn-la-2015.

Opinion

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