Legal Opinion
Skipper v. Boothe
Supreme Court of Louisiana
Decided October 3, 2008No. 2008-CP-1292PublishedCited by 2 opinions
1Opinion of the Court
991 So.2d 462 (2008)
James SKIPPER
v.
Honorable Judge Leo BOOTHE, et al.
No. 2008-CP-1292.
Supreme Court of Louisiana.
October 3, 2008.
Writ application not considered.
2Dissent · CalogeroCalogero, C.J.
JOHNSON, J., would consider the writ application on the merits and assigns reasons.
2Dissent · CalogeroCalogero, Chief Justice
I would consider the writ application on its merits rather than dismiss it as untimely filed. I believe this court should adopt the "mailbox rule," see Houston v. Lack, 487 U.S. 266, 108 S.Ct. 2379, 101 L.Ed.2d 245 (1988), for all pro se inmate filings, whether civil or criminal. Alternatively, I would apply the "mailbox rule" in this case to deem the…
4Cases cited4 opinions
- Houston v. LackSupreme Court of the United States · 1988
- Douglass v. Alton Ochsner Medical FoundationSupreme Court of Louisiana · 1997
- Tatum v. LynnLouisiana Court of Appeal · 1994
- Richardson v. SayLouisiana Court of Appeal · 1999
5Cited by2 opinions
- Charles Cutler v. City of SulphurLouisiana Court of Appeal · 2010
- Man Ching Ho v. NeeLouisiana Court of Appeal · 2018