State v. Russell

887 So. 2d 462, 2004 La. LEXIS 3499

Opinion

In re State of Louisiana; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. E, No. 375-503; to the Court of Appeal, Fourth Circuit, No. 2003-K-2220.

Writ granted; convictions and sentences reinstated. Relator has not carried his post-conviction burden of proof that he filed his application timely. La.C.Cr.P. art. 930.2. Thus, his claim of ineffective assistance of counsel 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, 98-2830 (La.9/5/95), 660 So.2d 1189.

JOHNSON, J., would deny the writ.