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887 So. 2d 462

Docket No. 2004-KP-1622.

State v. Russell

STATE of Louisiana v. Terryance RUSSELL.

Supreme Court of Louisiana

Decided November 15, 2004.

Supreme Court of Louisiana · decided 2004-11-15

Relies on 660 So. 2d 1189 - State Ex Rel. Glover v. State

Decided 2004-11-15

¶1Writ granted; convictions and sentences reinstated. Relator has not carried his post-conviction burden of proof that he filed his application timely. La.C.Cr.P. art. 930.2. Thus, his claim of ineffective *463 assistance of counsel should not have been considered on the merits by the district court. La.C.Cr.P. art. 930.8; State ex rel. Glover v. State, 93-2330 (La.9/5/95), 660 So.2d 1189.

¶2JOHNSON, J., would deny the writ.

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