Legal Opinion

State ex rel. Atkins v. State

Supreme Court of Louisiana

Decided August 4, 2017No. 2016-KH-0522Published

1Opinion of the Court

*1257ON SUPERVISORY WRITS TO THE FOURTH JUDICIAL DISTRICT COURT, PARISH OF MORE-HOUSE

2Per curiam

|! Denied. Relator does not identify an illegal term in his sentence, and therefore, his filing is properly construed as an application for post-conviction relief. See State v. Parker, 98-0256 (La. 5/8/98), 711 So.2d 694. As such, it is subject to the time limitation set forth in La.C.Cr.P. art. 930.8. Relator’s application was not timely filed in the district court, and he fails to carry his burden to show that an exception applies. La.C.Cr.P. art. 930.8; State ex rel. Glover v. State, 93-2330 (La. 9/5/95), 660…

3Cases cited3 opinions

  1. State Ex Rel. Glover v. StateSupreme Court of Louisiana · 1995
  2. State v. ParkerSupreme Court of Louisiana · 1998
  3. State ex rel. Atkins v. StateSupreme Court of Louisiana · 2017

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