State Of Louisiana v. Terrance James

Supreme Court of Louisiana
April 27, 2020
Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE OF LOUISIANA
VS.
TERRANCE
JAMES
No.2020-KP-00068
_ _ _ _ _ _
IN RE: S
tate of Louisiana - Applicant Plaintiff; Applying For Writ Of Certiorari,
Parish of Orleans Criminal, Criminal District Court Number(s) 416- 136, Court of
Appeal, Fourth Circuit, Number(s) 2019-K-0715;
_ _ _ _ _ _
April 27, 2020
Writ application granted. See per curiam.
SJC
JLW
JDH
JTG
WJC
JHB
04/27/2020 "See News Release 013 for any Concurrences and/or Dissents."

04/27/20
S
UPREME COURT OF LOUISIANA
No
. 20-KP-0068
S
TATE OF LOUISIANA
v.
T
ERRANCE JAMES
O
N SUPERVISORY WRITS TO THE CRIMINAL
DISTRICT COURT, PARISH OF ORLEANS
PE
R CURIAM:
W
rit granted; conviction reinstated. Respondent’s application for post-
conviction relief was untimely. La.C.Cr.P. art. 930.8; State ex rel. Glover v. State ,
93-2330 (La. 9/5/95), 660 So.2d 1189. The decision in Seals v. McBee , 898 F.3d
587 (5th Cir. 2018) is persuasive authority but is not binding on state courts. See
State v. Penns , 99 -2916 (La. 12/20/99), 758 So.2d 776, 777– 78. As such, that
decision did not constitute a final ruling of an appellate court “applicable to
[respondent’s] case,” as required by the time limitations exception set forth at
La.C.Cr.P. art. 930.8(A)(2). The court of appeal’s ruling is reversed, the district
court’s denial of respondent’s application for post- conviction relief as untimely is
reinstated.