State v. Tran
This text of 793 So. 2d 172 (State v. Tran) 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.
Opinion
STATE of Louisiana
v.
Hai TRAN.
Supreme Court of Louisiana.
Writ granted; conviction reinstated. Tran's filing below, properly considered an application for post-conviction relief, State v. Smith, 406 So.2d 1314, 1316 n. 3 (La. 1981); Smith v. Cajun Insulation, 392 So.2d 398, 402 n. 2 (1980), arrived below untimely. La.C.Cr.P. art. 930.8; State ex rel. Glover v. State, 93-2330, p. 21-22 *173 (La.9/5/95), 660 So.2d 1189, 1201-02. In addition, Tran cannot satisfy the custody requirements for an application for post-conviction relief. La.C.Cr.P. art. 924; State v. Smith, 96-1798, p. 4-6 (La.10/21/97), 700 So.2d 493, 495-96. Finally, the change if any in Tran's immigration status, a "collateral consequence" of the plea, does not render the plea involuntary. See, e.g., United States v. Osiemi, 980 F.2d 344, 349 (5th Cir.1993); State v. Figueroa, 639 A.2d 495, 499 (R.I.1994).
CALOGERO, C.J., and CIACCIO, J., would deny the writ.
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793 So. 2d 172, 2001 WL 648933, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-tran-la-2001.