No. 2004-KP-1622 Precedential Processed

State v. Russell

Louisiana Supreme Court · Filed November 15, 2004 · 887 So. 2d 462

Also decided on this docket: La., February 25, 2005 896 So. 2d 982; La., November 15, 2004 887 So. 2d 462

Authorities cited

Identified automatically; this list may not be exhaustive.

Opinion text

In re State of Louisiana; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. E, No. 375-503; to the Court of Appeal, Fourth Circuit, No. 2003-K-2220. Writ granted; convictions and sentences reinstated. Relator has not carried his post-conviction burden of proof that he filed his application timely. La.C.Cr.P. art. 930.2. Thus, his claim of ineffective *463 assistance of counsel should not have been considered on the merits by the district court. La.C.Cr.P. art. 930.8; State ex rel. Glover v. State, 98-2830 (La.9/5/95), 660 So.2d 1189 . JOHNSON, J., would deny the writ.