2024KW1097 Nonprecedential Processed

State Of Louisiana v. Victor McClendon

Louisiana Court of Appeal, First Circuit · Filed January 29, 2025

Authorities cited

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  • 351 So. 3d 273 not in our corpus
  • 360 So. 3d 473 not in our corpus

Opinion text

STATE OF LOUISIANA NO. 2024 KW 1097

VERSUS

VICTOR MCCLENDON JANUARY 29, 2025

In Re: Victor McClendon, applying for supervisory writs, 19th
Judicial District Court, Parish of East Baton Rouge, No.
08- 02- 0510.

BEFORE: WOLFE, MILLER, AND GREENE, JJ.

WRIT DENIED. The new rule of criminal procedure announced in
Ramos v. Louisiana, 590 U. S. 83, 140 S. Ct. 1390, 206 L. Ed. 2d 583
2020), which provides for in is
unanimity jury verdicts not
retroactive in Louisiana. State v. Reddick, 2021- 01893 ( La.
10/ 21/ 22), 351 So. 3d 273, 283. ' See also State v. Jackson, 2022-
00720 ( La. 5/ 16/ 23), 360 So. 3d 473 ( per curiam). Relator' s
conviction became final in 2006, following the Louisiana Supreme
Court' s denial of his writ application. See La. Code Crim. P. art.
922( D). Therefore, relator' s application for postconviction relief
is untimely and he failed to demonstrate that the Article 930. 8
exceptions are applicable to his case.

EW
SMM
HG

URT OF APPEAL, FIRST CIRCUIT

UTY CLERK OF COURT
FOR THE COURT