Legal Opinion

State Ex Rel. Johnson v. Whitley

Supreme Court of Louisiana

Decided January 6, 1995No. 92-KH-2689PublishedCited by 10 opinions

1Opinion of the Court

648 So.2d 909 (1995)

STATE ex rel. Gregory JOHNSON

v.

John P. WHITLEY, Warden.

No. 92-KH-2689.

Supreme Court of Louisiana.

January 6, 1995.

Writ granted; case remanded to the district court. The district court is ordered to appoint counsel and hold a hearing at which it will apply the principles set out in Houston v. Lack, 487 U.S. 266, 108 S.Ct. 2379, 101 L.Ed.2d 245 (1988) and determine whether relator timely filed his application for post conviction relief by delivering it to penitentiary authorities for forwarding to the court before the filing deadline passed. See Tatum v. Lynn, 93-1559…

2Cases cited4 opinions

  1. Houston v. LackSupreme Court of the United States · 1988
  2. Tatum v. LynnLouisiana Court of Appeal · 1994
  3. State Ex Rel. Duhon v. WhitleySupreme Court of Louisiana · 1994
  4. State ex rel. Anderson v. Clerk of CourtSupreme Court of Louisiana · 1995

3Cited by10 opinions

  1. Causey v. CainCourt of Appeals for the Fifth Circuit · 2006
  2. Stoot v. CainCourt of Appeals for the Fifth Circuit · 2009
  3. Shelton v. Louisiana Dept. of CorrectionsLouisiana Court of Appeal · 1997
  4. State Ex Rel. Gray v. StateSupreme Court of Louisiana · 1995
  5. State Ex Rel. Hensley v. StateSupreme Court of Louisiana · 2004

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