State Of Louisiana v. Kyron Folse
State Of Louisiana v. Kyron Folse, No. 2020KW0007 (La. Ct. App. 1st Cir. Mar. 13, 2020).
Authorities cited
Identified automatically; this list may not be exhaustive.
- State ex rel. Anderson v. Clerk of Court 648 So. 2d 909
- Shelton v. Louisiana Dept. of Corrections 691 So. 2d 159
Opinion text
STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
STATE OF LOUISIANA NO. 2020 KW 0007
VERSUS
KYRON FOLSE MAR 13 2020
In Re: Kyron Folse, applying for supervisory writs, 17th
Judicial District Court, Parish of Lafourche, No.
542902.
BEFORE: McDONALD, THERIOT! AND CHUTZ, JJ.
WRIT GRANTED. The ruling of the district court denying
relator' s application for postconviction relief on the ground
that it was untimely filed is vacated. Relator had two years
from the finality of the judgment of conviction and sentence in
which to file the application for postconviction relief. See
La. Code Crim. P. art. 930. 8. Relator' s conviction and sentence
were final on September 29, 2017. Thus, relator had until
Monday, September 30, 2019, to file his application. According
to the district court, relator' s application was filed on
October 1, 2019, which appears to be the date it was received by
the Lafourche Parish Clerk of Court' s Office. However, the
actual filing date for pleadings filed by inmates is the date
the application was delivered to the prison authorities. See
Houston v. Lack, 487 U. S. 266, 108 S. Ct. 2379, 101 L. Ed. 2d 245
1988); State ex rel. Johnson v. Whitley, 92- 2689 ( La. 1/ 6/ 95),
648 So. 2d 909; Shelton v. Louisiana Department of Corrections,
96- 0348 ( La. App. 1st Cir. 2/ 14/ 97), 691 So. 2d 159. Relator
alleged he delivered his application to the prison authorities
on September 26, 2019. Relator provided documentation, which
revealed that he purchased postage for legal mail on September
26, 2019, and that outgoing legal mail from relator to the Clerk
of Court for Lafourche Parish was released by Rayburn
Correctional Center to the United States Postal Service on
September 27, 2019. Thus, relator" s application is considered
timely, as he delivered his application to the prison
authorities for mailing prior to the deadline for filing his
application. Accordingly, this matter is remanded to the
district court for consideration of the merits of relator' s
application for postconviction relief.
imm
MRT
WRC
COURT OF APPEAL, FIRST CIRCUIT
DEPUTY C ERK OF COURT
FOR THE COURT