No. 2011-KP-1345 Precedential Reversed Processed

State v. Solorzano

Louisiana Supreme Court · Filed March 30, 2012 · 85 So. 3d 101

Also decided on this docket: La., March 30, 2012 85 So. 3d 101

Authorities cited

Identified automatically; this list may not be exhaustive.

State v. Smith 406 So. 2d 1314
Smith v. Cajun Insulation, Inc. 392 So. 2d 398
State v. Smith 700 So. 2d 493

Opinion text

In re State of Louisiana; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. F, No. 98-4406; to the Court of Appeal, Fifth Circuit, No. 11-KH-471. Granted. The decision of the court of appeal is reversed. Defendant’s filing below, properly considered as an application for post-conviction relief, State v. Smith, 406 So.2d 1314 , 1316 n. 3 (La.1981); Smith v. Cajun Insulation, 392 So.2d 398 , 402 n. 2 (1980), was barred because defendant cannot satisfy the custody requirement. La.C.Cr.P. art. 924; State v. Smith, 96-1798, p. 4-6 (La.10/21/97), 700 So.2d 493, 495-96 .