State ex rel. Joyner v. State
State ex rel. Joyner v. State, 896 So. 2d 45 (La. 2005).
Authorities cited
Identified automatically; this list may not be exhaustive.
- Perkins v. Coastal Emergency Medical Services 791 So. 2d 644
Opinion text
In re State of Louisiana; — Defendant; Applying for Supervisory and/or Remedial Writs, Parish of Iberville, 18th Judicial District Court Div. C, No. 309-75; to the Court of Appeal, First Circuit, No. 2004 KW 1870. Writ granted; conviction and sentence reinstated. Because Campbell v. Louisiana, 523 U.S. 392 , 118 S.Ct. 1419 , 140 L.Ed.2d 551 (1998), does not apply retroactively, see Coe v. Bell, 161 F.3d 320, 353, 355 (6th Cir.1998), relator has not shown that his claim is based on a new rule of constitutional criminal procedure “retroactively applicable to his case.” La.C.Cr.P. art. 930.8(A) (2). Accordingly, he filed below untimely. La.C.Cr.P. art. 930.8. See also State v. Simmons, 00-3017 (La.5/4/01), 791 So.2d 644 . JOHNSON, J., would deny the writ.