State Of Louisiana v. Hardy Cornwell

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT

STATE OF LOUISIANA NO. 2026 KW 0581

VERSUS

HARDY CORNWELL JULY 27, 2026

In Re: Hardy Cornwell, applying for supervisory writs, 22nd
Judicial District Court, Parish of St. Tammany, No.
574176.

BEFORE : PENZATO, GREENE, AND FIELDS, Ju.
WRIT DENIED.

AHP
HG

Fields, J., concurs. The “Corrected Post Conviction Relief
Application” was filed outside the time limitation and relator has
not meet his burden of demonstrating an exception to the time
delay. See 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). Furthermore, except as
provided in La. Code Crim. P. art. 930.8, the district court has
no authority to extend those limits beyond the delays set forth by
the legislature. Benoit v. Guerin, 2022-547 (La. App. Sth Cir.
1/18/23), 357 So.3d 434, 440, writ denied, 2023-00250 (La. 6/7/23),
361 So.3d 966.

/ vourt OF APPEAL, FIRST CIRCUIT