Legal Opinion · Concurrence

State v. Robinson

Supreme Court of Louisiana

Decided November 15, 2004No. 2004-K-1081Published

1Concurrence

|, CALOGERO, Chief Justice,

concurring in the denial of the writ application.

Although the application is untimely as a matter of La. S.Ct. Rule X, § 5(a), and the court of appeal’s decision is therefore final on direct review, State v. Matthews, 02-1121 (La.3/25/04), 855 So.2d 740, this court has the authority to review the merits of a defendant’s constitutional claims because *768Louisiana law governing collateral attack on a final conviction provides a narrow exception to the finality of claims fully litigated on direct appeal. See La.C.Cr.P. art 930.4(A) (“Unless required in the interest of…

2Cases cited2 opinions

  1. State v. JacobsSupreme Court of Louisiana · 1987
  2. State v. MatthewsSupreme Court of Louisiana · 2003

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