State Of Louisiana v. Samuel Lee Hamilton, Jr

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT

STATE OF LOUISIANA NO. 2025 KW 1363
VERSUS

SAMUEL LEE HAMILTON, JR. FEBRUARY 23, 2026
In Re: Samuel Lee Hamilton, Jr., applying for supervisory

writs, 19th Judicial District Court, Parish of East
Baton Rouce, No. 09-88-0898.

BEFORE : LANIER, WOLFE, AND HESTER, JJ.

WRIT DENIED. On direct appeal, this court affirmed relator’s
attempted second degree murder sentence and conviction. State v.
Hamilton, 561 So.2d 1021 (La. App. ist Cir. 1990) (unpublished),
writ denied, 92-2929 (La. 1/13/94), 631 So.2d 1160. 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), is not retroactive in
Louisiana. State v. Reddick, 2021-01893 (La. 10/21/22), 351 So.3d
273, 283. Relator’s conviction and sentence were final at the time
the Ramos decision was rendered, and he has not established an
exception to the statutory time delay. See La. Code Crim. P. art.
930.8 (A) (1). Furthermore, the delays to file a motion for new
trial and a motion for post-verdict judgment of acquittal have
run. See La. Code Crim. P. arts. 821(A) & 853(A). Thus, relator’s
attack on the sufficiency of the evidence is untimely as a request
for postconviction relief. 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).

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Os CLERK OF COURT
FOR THE COURT