State v. Simmons

Supreme Court of Louisiana

State v. Simmons

791 So. 2d 644, 2001 La. LEXIS 1170, 2001 WL 498428

Supreme Court of Louisiana·Decided May 4, 2001·No. No. 2000-KP-3017·Published·Cited by 1 cases

Opinion

In re State of Louisiana; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. A, No. 178-906.

Writ granted; conviction and sentence reinstated. Because Campbell v. Louisiana, 523 U.S. 392, 118 S.Ct. 1419, 140 L.Ed.2d 551 (1998), does not apply retroactively and would not apply to relator in any case, see Coe v. Bell, 161 F.3d 320, 353, 355 (6th Cir.1998), relator has not shown that his claim is based on new jurisprudence “retroactively applicable to his case.” La. C.Cr.P. art. 930.8(A)(2). Accordingly, he filed below untimely. La. C.Cr.P. art. 930.8.

JOHNSON, J., would deny writ.

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In re State of Louisiana; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. A, No. 178-906.

Writ granted; conviction and sentence reinstated. Because Campbell v. Louisiana, 523 U.S. 392, 118 S.Ct. 1419, 140 L.Ed.2d 551 (1998), does not apply retroactively and would not apply to relator in any case, see Coe v. Bell, 161 F.3d 320, 353, 355 (6th Cir.1998), relator has not shown that his claim is based on new jurisprudence “retroactively applicable to his case.” La. C.Cr.P. art. 930.8(A)(2). Accordingly, he filed below untimely. La. C.Cr.P. art. 930.8.

JOHNSON, J., would deny writ.

State v. Simmons, 791 So. 2d 644, 2001 La. LEXIS 1170, 2001 WL 498428 (La. 2001).

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Opinion

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