State v. Obney

JiWRIT GRANTED AND MADE PEREMPTORY: Relator was convicted of the charged offense and is currently incarcerated, therefore habeas relief is not available to the relator. See La.Code Crim.P. art. 351. However, arbitrary requirements of form and pleading should not be allowed to obstruct access to judicial review. See State v. Higginbotham, 470 So.2d 648 (La.App. 1 Cir.1985); State ex rel Johnson v. Maggio, 440 So.2d 1336 (La.1983). Therefore, the trial court erred in failing to consider relator’s petition as an application for post-conviction relief. As relator’s conviction is final, relator…