State ex rel. Frazier v. State
State ex rel. Frazier v. State, 868 So. 2d 9 (La. 2004).
Cited by
Distinguished in 1
- State of Louisiana v. Jimmie Dixon, Jr. La. Ct. App. 4th Cir. 2025
- In the Matter of Two (2) Canines Seized from Susan Graham, Rayville, Louisiana La. Ct. App. 2d Cir. 2025
- State of Louisiana v. Joshua Master La. Ct. App. 2d Cir. 2024
- State of Louisiana in the Interest of M.H. La. Ct. App. 5th Cir. 2023
- State of Louisiana v. Gentry Elvridge Vinson La. Ct. App. 2d Cir. 2022
- State of Louisiana v. Kendall Harrison La. Ct. App. 4th Cir. 2022
- State of Louisiana Versus Anthony L. Lane La. Ct. App. 5th Cir. 2021
- Eric Brown Versus State of Louisiana La. Ct. App. 5th Cir. 2020
- State of Louisiana v. Manuel Dukes La. Ct. App. 4th Cir. 2019
- State of Louisiana v. Teddy Aguillard La. Ct. App. 3d Cir. 2018
- State v. Aguillard 242 So. 3d 765 La. Ct. App. 1st Cir. 2018
- State of Louisiana v. Clevance Cormier, Jr La. Ct. App. 3d Cir. 2018
Authorities cited
Identified automatically; this list may not be exhaustive.
- State v. Lutcher 662 So. 2d 464
- In re Laque 812 So. 2d 622
Opinion text
In re Frazier, Eugene, Jr.; — -Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Sabine, 11th Judicial District Court Div. B, Nos. 49586; to the Court of Appeal, Third Circuit, No. KH 02-00455. PER CURIAM. Writ granted in part; otherwise denied; case remanded to the court of appeal. Though “[rjesentencing alone does not restart” the prescriptive period for filing for post-conviction relief once a conviction and sentence have both become final, State ex rel. Rushing v. Whitley, 93-2722 (La.11/13/95), 662 So.2d 464 , the prescriptive period does not initially begin to run until “the judgment of conviction and sentence shall have become final under the provisions of Article 914 or 922 ...” La.C.Cr.P. art. 930.8(A); State ex rel. Wilson v. State, 01-1464 (La.3/15/02), 812 So.2d 622 . Because relator’s “conviction and sentence” did not become final until this Court denied "writs in November, 2001, La.C.Cr.P. art. 922(D), his application for post-conviction relief of March, 2002, was timely filed.