State v. Shepard

Supreme Court of Louisiana

State v. Shepard

917 So. 2d 1086, 2005 La. LEXIS 2817, 2005 WL 3691475

Supreme Court of Louisiana·Decided December 16, 2005·No. No. 2005-KP-1096·Published

Opinion

In re State of Louisiana; — Defendant; Applying for Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. A, No. 01-1236; to the Court of Appeal, Fifth Circuit, No. 05-KH-150.

Granted. As raised by the state in its procedural objections to relator’s application, La.C.Cr.P. art. 930.3 and State ex rel. Melinie v. State, 98-1380 (La.1/12/96), 665 So.2d 1172, preclude relator’s challenge to his habitual offender status. State ex rel. Brown v. State, 03-2568, p. 2 (La.3/26/04), 870 So.2d 976, 977. Because relator’s claim is not cognizable on collateral review, the district court is directed to deny relator’s application on grounds that it is procedurally barred.

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In re State of Louisiana; — Defendant; Applying for Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. A, No. 01-1236; to the Court of Appeal, Fifth Circuit, No. 05-KH-150.

Granted. As raised by the state in its procedural objections to relator’s application, La.C.Cr.P. art. 930.3 and State ex rel. Melinie v. State, 98-1380 (La.1/12/96), 665 So.2d 1172, preclude relator’s challenge to his habitual offender status. State ex rel. Brown v. State, 03-2568, p. 2 (La.3/26/04), 870 So.2d 976, 977. Because relator’s claim is not cognizable on collateral review, the district court is directed to deny relator’s application on grounds that it is procedurally barred.

State v. Shepard, 917 So. 2d 1086, 2005 La. LEXIS 2817, 2005 WL 3691475 (La. 2005).

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Opinion

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