State Of Louisiana v. Samuel Lee Hamilton, Jr

STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT STATE OF LOUISIANA NO. 2025 KW 1363 VERSUS SAMUEL LEE HAMILTON, JR. FEBRUARY 23, 2026 In Re: Samuel Lee Hamilton, Jr., applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouce, No. 09-88-0898.

BEFORE : LANIER, WOLFE, AND HESTER, JJ.

WRIT DENIED. On direct appeal, this court affirmed relator’s attempted second degree murder sentence and conviction. State v. Hamilton, 561 So.2d 1021 (La. App. ist Cir. 1990) (unpublished), writ denied, 92-2929 (La. 1/13/94), 631 So.2d 1160. The new rule of criminal procedure announced in Ramos v. Louisiana, 590 U.S. 83, 140 S.Ct. 1390, 206 L.Ed.2d 583 (2020), is not retroactive in Louisiana. State v. Reddick, 2021-01893 (La. 10/21/22), 351 So.3d 273, 283. Relator’s conviction and sentence were final at the time the Ramos decision was rendered, and he has not established an exception to the statutory time delay. See La. Code Crim. P. art. 930.8 (A) (1). Furthermore, the delays to file a motion for new trial and a motion for post-verdict judgment of acquittal have run. See La. Code Crim. P. arts. 821(A) & 853(A). Thus, relator’s attack on the sufficiency of the evidence is untimely as a request for postconviction relief. If an application for postconviction relief is untimely under Article 930.8, it should not be considered on the merits. See State v. LeBlanc, 2006-0169 (La. 9/15/06), 937 So.2d 844 (per curiam). wi EW CHH eee OF APPEAL, FIRST CIRCUIT | ene KNW Os CLERK OF COURT FOR THE COURT