¶1Writ granted in part; denied in part; sentence reinstated. The court of appeal lacked jurisdiction to grant the state’s writ. La. Const. art. V, § 5(E). Its judgment is therefore void. However, the district court erred in granting relief on a claim, raised by a motion properly considered an application for post-conviction relief no matter how captioned, that is: (1) time-barred, see La.C.Cr.P. art. 930.8; State ex rel. Glover v. State, 93-2330 (La.9/5/95), 660 So.2d 1189; State ex rel. Stepter v. Whitley, 93-2346 (La.10/13/95), 661 So.2d 480; and (2) not cognizable on collateral review, see La.C.Cr.P. art. 930.3; State ex rel. Melinie v. State, 93-1380 (La.1/12/96), 665 So.2d 1172.
885 So. 2d 513
State v. Smith
Decided October 8, 2004
Supreme Court of Louisiana · decided 2004-10-08
Cited by 2 later decisions — most recently May 2014
2 state decisions
Relies on 660 So. 2d 1189 - State Ex Rel. Glover v. State · State Ex Rel. Melinie v. State · State v. Ducote
Good law ✅— No negative treatment on recordhow we know
Decided 2004-10-08
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