State v. Celestine’s Empirical Analysis

Citation profile

5 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Louisiana Code of Criminal Procedure Article 930.8 provides that applications for post conviction relief, including requests for out of time appeal, must be filed within two years from the date the defendant’s conviction and sentence become final, unless certain specific exceptions apply. This time bar is jurisdictional and “[t]he trial court has no authority to extend those time limits beyond the delays provided by the legislature.” State v. Daigle, 593 So.2d 676 (La.App. 3 Cir.1991). The supreme court has held that an appellate court can raise this time bar on its own motion. State ex rel. Glover v. State, 93-2330 (La.9/5/95), 660 So.2d 1189 . |sThe Defendant’s application for post-conviction relief seeking an out-of-time appeal was untimely and the Defendant did not allege and prove any of the exceptions contained in La.Code Crim.P. art. 930.8 applied. Thus, pursuant to La.Code Crim.P. art. 930.8, the trial court was without authority to entertain the Defendant’s application. Hence, we find that the out-of-time appeal was improperly granted and Defendant’s appeal is not properly before us. For this reason, Defendant’s appeal is dismissed.”

   1 later decision quote this exact passage
   e.g. State v. Thomas