State of Louisiana v. Stanley Waldron

STATE OF LOUISIANA, * NO. 2021-K-0512

VERSUS * COURT OF APPEAL

STANLEY WALDRON * FOURTH CIRCUIT

* STATE OF LOUISIANA

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DYSART, J. DISSENTS

I respectfully dissent from the majority opinion and would deny Mr.
DLD
Waldron’s writ application seeking post-conviction relief.

Mr. Waldron’s conviction and sentence became final on June 20, 2003. Mr.

Waldron filed his application for post-conviction relief on April 6, 2021 – over

seventeen years later. Because Mr. Waldron’s application for post-conviction

relief was filed “more than two years after the judgment of conviction and sentence

had become final under the provisions of Article 914 or 922,” Louisiana Code of

Criminal Procedure article 930.8(A)(2) requires him to establish: i. That his

application is based upon a final ruling of an appellate court establishing a

heretofore unknown interpretation of constitutional law; ii. That this interpretation

is retroactively applicable to his case; and iii. That his petition is filed within one

year of the finality of such ruling. La. C.Cr. P. art. 930.8(A)(2).

The “final ruling of an appellate court” under section (i) that Mr. Waldron

relies on is Ramos and he must establish under section (ii) that this case is

retroactively applicable to his case. Until a contrary position is taken by the

Louisiana Supreme Court or the state legislature, Ramos is not retroactive.

Because Mr. Waldron’s claims are based on a final ruling that is not applied

retroactively, the district court did not abuse its discretion in denying the

application for post-conviction relief.