State v. Russell
Supreme Court of Louisiana
State v. Russell, 887 So. 2d 462 (La. 2004)
2004 WL 2900584
Johnson
State v. Russell
Opinion
STATE of Louisiana
v.
Terryance RUSSELL.
Supreme Court of Louisiana.
Writ granted; convictions and sentences reinstated. Relator has not carried his post-conviction burden of proof that he filed his application timely. La.C.Cr.P. art. 930.2. Thus, his claim of ineffective *463 assistance of counsel should not have been considered on the merits by the district court. La.C.Cr.P. art. 930.8; State ex rel. Glover v. State, 93-2330 (La.9/5/95), 660 So.2d 1189.
JOHNSON, J., would deny the writ.
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