State Ex Rel. Johnson v. Day
Cases that cite this one
12 later published cases cite this decision.
- State v. LeBlanc (La. 2015)
- State ex rel. Simpkins v. State (La. 2012)
- State v. Trudell (La. Ct. App. 1996)
- State Ex Rel. Stepter v. Whitley (La. 1995)
- State ex rel. Cooper v. State (La. 1995)
- State Ex Rel. Foucha v. ORLEANS CRIMINAL DIST. COURT (La. 1994)
- State ex rel. Campbell v. Fourth Circuit, Court of Appeal (La. 1994)
- State ex rel. Willis v. State (La. 1994)
- State ex rel. Johnson v. Whitley (La. 1994)
- State ex rel. James v. Whitley (La. 1994)
- State ex rel. Smith v. Criminal District Court (La. 1994)
- State ex rel. Thomas v. State (La. 1994)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
STATE ex rel. James JOHNSON
v.
Edgar C. DAY, Warden, Washington Correctional Institute.
Supreme Court of Louisiana.
Writ granted in part, denied in part; case remanded. Relator moved the district court under LSAC.Cr.P. art. 882 to correct an illegally lenient sentence and the district court denied the motion as untimely pursuant to LSAC.Cr.P. art. 930.8(A). However, the timeliness provisions of C.Cr.P. art. 930.8(A) apply to applications for post conviction relief made under La.C.Cr.P. arts. 924-930.8, and do not apply to motions to correct illegal sentences made under La.C.Cr.P. art. 882, which states that illegal sentences "may be corrected at any time." Cf. State v. Johnson, 220 La. 64, 55 So.2d 782 (1951). The district court is therefore ordered to address the merits of relator's claims in accordance with the procedures and guidelines set forth in State v. Desdunes, 579 So.2d 452 (La. 1991); State v. Washington, 578 So.2d 1150 (La. 1991) and State ex rel. Jackson v. Smith, 578 So.2d 1150 (La. 1991).
DENNIS, J., not on panel.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.