State Of Louisiana v. Justin Davis

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

STATE OF LOUISIANA NO. 2019 KW 1343

VERSUS

JUSTIN DAVIS NOV 2 5 2019

In Re: State of Louisiana, applying for supervisory writs,

19th Judicial District Court, Parish of East Baton

Rouge, No. 10- 11- 0644.

BEFORE: MoDONALD, THERIOT, AND CHUTZ, JJ.

WRIT GRANTED. The district court' s ruling overruling the

state' s procedural objection to the defendant' s filing of his
application for postconviction relief is reversed. The

defendant untimely filed his writ application with the district
court on March 8, 2018. Pursuant to La. Code Crim. P. art.

922( D), the defendant' s conviction and sentence were final on

March 4, 2016, which was the day the Louisiana Supreme Court
denied the defendant' s writ of certiorari. The time limit was

not extended for the defendant to file a rehearing, as the

defendant did not have the right to file for a rehearing. See
La. Sup. Ct. Rule IX, § 6( An application for rehearing will not
be considered when the court has merely granted or denied an

application for a writ of certiorari.). Accordingly, an

application for postconviction relief shall not be considered if
it is filed more than two years after the judgment of conviction
and sentence has become final. See La. Code Crim. P. art.

930. 8.

JMM
WRC

Theriot, J., dissents and would deny the writ application.

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY LERK OF COURT
FOR THE COURT