Legal Opinion

State v. Diaz

Supreme Court of Louisiana

Decided September 5, 2003No. 2002-KP-2460Published

1Per curiam

Denied. Although the district court erred by granting the state’s motion to reconsider its ruling granting relator’s application for post-conviction relief, see La. C.Cr.P. art. 930.6; State v. Ford, 96-2919 (La.5/30/97), 694 So.2d 917; State v. Clayton, 96-1658 (La.2/27/97), 687 So.2d 996; State ex rel. Lewis v. Cr.D.C., 571 So.2d 659 (La.1990), relator’s underlying claim concerning the district court’s failure to determine his competence to proceed after the state and the defense filed a joint motion for a mental status examination is time-barred by La.C.Cr.P. art. 930.8 and State ex rel.…

2Cases cited4 opinions

  1. State Ex Rel. Glover v. StateSupreme Court of Louisiana · 1995
  2. State ex rel. Lewis v. Criminal District CourtSupreme Court of Louisiana · 1990
  3. State v. ClaytonSupreme Court of Louisiana · 1997
  4. State v. FordSupreme Court of Louisiana · 1997

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