No. 2005-KP-1096 Precedential Processed

State v. Shepard

Louisiana Supreme Court · Filed December 16, 2005 · 917 So. 2d 1086

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Opinion text

In re State of Louisiana; — Defendant; Applying for Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. A, No. 01-1236; to the Court of Appeal, Fifth Circuit, No. 05-KH-150. Granted. As raised by the state in its procedural objections to relator’s application, La.C.Cr.P. art. 930.3 and State ex rel. Melinie v. State, 98-1380 (La.1/12/96), 665 So.2d 1172 , preclude relator’s challenge to his habitual offender status. State ex rel. Brown v. State, 03-2568, p. 2 (La.3/26/04), 870 So.2d 976, 977 . Because relator’s claim is not cognizable on collateral review, the district court is directed to deny relator’s application on grounds that it is procedurally barred.