State v. Green

Louisiana Court of Appeal

Decided November 19, 1992

Louisiana Court of Appeal · decided 1992-11-19

Relies on 506 So. 2d 1190 - Maltby v. Gauthier · State ex rel. Counterman v. Whitley

Good law ✅— No negative treatment on recordhow we know

Decided 1992-11-19

How this case has been cited

Cited by 5 later decisions — most recently February 2017

5 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1Applying for Certiorari, or writ of review, to the 9th Judicial District Court, Parish of Rapides # 215,011 Judge Alfred Mansour.

¶2WRIT DENIED: La.C.Cr.P. art. 930.8, which establishes time limits for filing post-conviction relief applications, provides a reasonable time after its enactment for persons adversely affected to assert their rights prior to the time limitations contained in the article. Maltby v. Gauthier, 506 So.2d 1190 (La.1987). Accordingly, we find the article does not constitute an unconstitutional ex post facto application of law. See State v. Counterman, 611 So.2d 661 (La.App. 1 Cir.1992). Relator’s application was submitted well after the deadlines established by Article 930.8 and was, therefore, properly denied by the trial court as untimely.