State ex rel. Johnson v. Whitley
Cases that cite this one
2 later published cases cite this decision.
- State ex rel. Johnson v. Whitley (La. 1997)
- State v. Cormier (La. Ct. App. 1997)
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 of the Court
In re Johnson, Percy; — Plaintiffs); applying for supervisory and/or remedial writ; Parish of Orleans, Criminal District Court, Div. “A”, No. 248-206.
Writ granted. Relator moved the district court under LSA-C.Cr.P. art. 882 to correct an illegally lenient sentence and the district court denied the motion as untimely pursuant to LSA-C.Cr.P. art. 930.8(A). However, the timeliness provisions of LSA-C.Cr.P. art. 930.8(A) apply to applications for post-conviction relief made under LSA-C.Cr.P. arts. 924-930.8, and do not apply to motions to correct illegal sentences made under LSA-C.Cr.P. art. 882, which states that illegal sentences “may be corrected at any time.” State ex rel. Johnson v. Day, 637 So.2d 1062 (La. 1994); 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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.