No. 97-KP-2965 Precedential Processed

State v. Rey

Louisiana Supreme Court · Filed March 20, 1998 · 707 So. 2d 1248

Also decided on this docket: La., May 29, 1998 719 So. 2d 1274

Authorities cited

Identified automatically; this list may not be exhaustive.

State Ex Rel. Glover v. State 660 So. 2d 1189
State v. Ducote 661 So. 2d 480
State Ex Rel. Melinie v. State 665 So. 2d 1172
State ex rel. Sterling v. Blackburn 508 So. 2d 62
State ex rel. Powell v. Guillory 412 So. 2d 1119
State ex rel. Randle v. Blackburn 400 So. 2d 215

Opinion text

In re State of Louisiana; — Plaintiff/s); applying for supervisory and/or remedial writs; Parish of Orleans, Criminal District Court, Div. “E”, No. 248-426. liPER CURIAM. * Writ granted; sentence reinstated. The district court erred in granting relief on a claim which is: (1) time-barred, see La. C.Cr.P. art. 930.8; State ex rel. Glover v. State, 93-2330 (La.9/5/95), 660 So.2d 1189 ; State ex rel. Stepter v. Whitley, 93-2346 (La.10/13/95), 661 So.2d 480 ; (2) not cognizable on collateral review, see La.C.Cr.P. art. 930.3; State ex rel. Melinie v. State, 93-1380 (La.1/12/96), 665 So.2d 1172 ; and (3) repetitive, having been rejected by the district court and this Court on three previous occasions. See State ex rel. Rey v. Blackburn, 508 So.2d 62 (La.1987); State ex rel. Rey v. Maggio, 412 So.2d 1119 (La.1982); State ex rel. Rey v. Blackburn, 400 So.2d 215 (La.1981); cf. La.C.Cr.P. art. 930.4(D). In addition, relator has again failed to carry his burden of proof of demonstrating that any error, barred or not, occurred. La.C.Cr.P. art. 930.2. Knoll, J., not on panel. See La.S.Ct. Rule IV, Part II, § 3.