Supreme Court of Louisiana, 2004

State v. Russell

State v. Russell
Supreme Court of Louisiana · Decided November 15, 2004 · Deny, Johnson, Writ
887 So. 2d 462; 2004 La. LEXIS 3499 (Southern Reporter, Second Series)

State v. Russell

Opinion of the Court

In re State of Louisiana; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. E, No. 375-503; to the Court of Appeal, Fourth Circuit, No. 2003-K-2220.

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 *463assistance 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, 98-2830 (La.9/5/95), 660 So.2d 1189.

JOHNSON, J., would deny the writ.

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