STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT STATE OF LOUISIANA NO. 2021 KW 0306

VERSUS

FREDERICK D. BARROW MAY 10, 2021

In Re: State of Louisiana, applying for supervisory writs, 16th Judicial District Court, Parish of St. Mary, No. 1998- 148742.

BEFORE: McDONALD, HOLDRIDGE, AND PENZATO, JJ.

WRIT GRANTED. The ruling of the district court denying the State' s procedural objections to the defendant' s application for postconviction relief is reversed. Defendant' s application was not timely filed in the district court, and defendant failed to carry his burden to show that an exception applies. See La. Code Crim. P. art. 930. 8( A). If an application for postconviction relief is untimely, it should not be considered on the merits. See State v. LeBlanc, 2006- 0169 ( La. 9/ 15/ 06), 937 So. 2d 844 ( per curiam). Furthermore, defendant has not advanced a convincing claim of actual innocence. See State v. Pierre, 2013- 0873 ( La. 10/ 15/ 13), 125 So. 3d 403 ( per curiam); State v. Conway, 2001- 2808 ( La. 4/ 12/ 02), 816 So. 2d 290 ( per curiam) .

JMM AHP

Holdridge, J., concurs. While the defendant' s post-

convicton relief may have been timely filed, I do not think the defendant has advanced a convincing claim of actual innocence.

See State v. Pierre, 2013- 0873 ( La. 10/ 15/ 13), 125 So. 3d 403 per curiam); State v. Conway, 2001- 2808 ( La. 4/ 12/ 02), 816 So. 2d 290 ( per curiam) .

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY LERK OF COURT FOR THE COURT