State v. Simmons
Supreme Court of Louisiana
State v. Simmons, 791 So. 2d 644 (La. 2001)
2001 La. LEXIS 1170; 2001 WL 498428
Johnson, Writ
State v. Simmons
Opinion of the Court
In re State of Louisiana; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. A, No. 178-906.
Writ granted; conviction and sentence reinstated. Because Campbell v. Louisiana, 523 U.S. 392, 118 S.Ct. 1419, 140 L.Ed.2d 551 (1998), does not apply retroactively and would not apply to relator in any case, see Coe v. Bell, 161 F.3d 320, 353, 355 (6th Cir. 1998), relator has not shown that his claim is based on new jurisprudence “retroactively applicable to his case.” La. C.Cr.P. art. 930.8(A)(2). Accordingly, he filed below untimely. La. C.Cr.P. art. 930.8.
Reference
- Full Case Name
- STATE of Louisiana v. Kenneth SIMMONS
- Cited By
- 1 case
- Status
- Published