Legal Opinion

State ex rel. Thomas v. State

Supreme Court of Louisiana

Decided September 16, 2016No. 2015-KH-1493Published

1Per 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 So.2d 1189. Additionally, relator’s sentencing claims are not cognizable on…

2Cases cited8 opinions

  1. State Ex Rel. Glover v. StateSupreme Court of Louisiana · 1995
  2. State Ex Rel. Melinie v. StateSupreme Court of Louisiana · 1996
  3. State v. ParkerSupreme Court of Louisiana · 1998
  4. State v. CottonSupreme Court of Louisiana · 2010
  5. State v. JacksonSupreme Court of Louisiana · 2005

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