2025 KW 0580 Nonprecedential Processed

State Of Louisiana v. Leron K. Clark

Louisiana Court of Appeal, First Circuit · Filed August 18, 2025

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Opinion text

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT

STATE OF LOUISIANA NO. 2025 KW 0580

VERSUS

LERON K. CLARK AUGUST 18, 2025

In Re: Leron K. Clark, applying for supervisory writs, 19th
Judicial District Court, Parish of East Baton Rouge, No.
02-10-0927.

BEFORE : McCLENDON, C.J., GREENE AND STROMBERG, JJ.

WRIT DENIED. “Habeas corpus is not the proper procedural
device for petitioners who may file applications for post
conviction relief. Essentially, habeas corpus deals with
preconviction complaints concerning custody.” La. Code Crim. P.
art. 351, Official Revision Comment (c). Relator’s filing raises
claims in the nature of postconviction relief. See La. Code Crim.
P. art. 924(1). A pleading’s nature is determined by its substance
and not its caption. State ex rel. Lay v. Cain, 96-1247 (La. App.
lst Cir. 2/14/97), 691 So.2d 135, 137. Relator’s filing is untimely
and he failed to establish an exception to the time limitation set
forth in La. Code Crim. P. art. 930.8(A). If an application for
postconviction relief is untimely under Article 930.8, it should
not be considered on the merits. See State v. LeBlanc, 2006-0169
(La. 9/15/06), 937 So.2d 844 (per curiam).

PMc
TPS

Greene, J., concurs.

-cQURT OF APPEAL, FIRST CIRCUIT

FOR THE COURT