State Of Louisiana v. Leron K. Clark
State Of Louisiana v. Leron K. Clark, No. 2025 KW 0580 (La. Ct. App. 1st Cir. Aug. 18, 2025).
Authorities cited
Identified automatically; this list may not be exhaustive.
- State ex rel. Lay v. Cain 691 So. 2d 135
- In re Brown 937 So. 2d 844
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