State v. Diaz

Supreme Court of Louisiana
State v. Diaz, 855 So. 2d 732 (La. 2003)
2003 La. LEXIS 2243; 2003 WL 22061285
Grant, Johnson, Writ

State v. Diaz

Opinion of the Court

PER CURIAM.

Denied. Although the district court erred by granting the state’s motion to reconsider its ruling granting relator’s application for post-conviction relief, see La. C.Cr.P. art. 930.6; State v. Ford, 96-2919 (La.5/30/97), 694 So.2d 917; State v. Clayton, 96-1658 (La.2/27/97), 687 So.2d 996; State ex rel. Lewis v. Cr.D.C., 571 So.2d 659 (La. 1990), relator’s underlying claim concerning the district court’s failure to determine his competence to proceed after the state and the defense filed a joint motion for a mental status examination is time-barred by La.C.Cr.P. art. 930.8 and State ex rel. Glover v. State, 93-2330 (La.9/5/95), 660 So.2d 1189.

JOHNSON, J., wold grant the writ.

Reference

Full Case Name
STATE of Louisiana v. Gerald DIAZ
Status
Published