Supreme Court of Louisiana, 2004

State ex rel. Dyer v. State

Supreme Court of Louisiana · Decided November 19, 2004 · Deny, Johnson, Writ

888 So. 2d 185; 2004 La. LEXIS 3396; 2004 WL 2983872 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

State ex rel. Dyer v. State (La. 2005)

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Opinion of the Court

In re Dyer, Austin; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. P, No. 98-4147; to the Court of Appeal, Fifth Circuit, No. 04-KH-623.

Writ granted in part; otherwise denied; case remanded to the district court. Because relator’s conviction did not become final under La.C.Cr.P. art. 922 until this Court denied his application for writs on direct review in June, 2003, see State v. Dyer, 01-1579 (La.6/27/03), 847 So.2d 1256, the prescriptive period of La.C.Cr.P. art. 930.8 does not bar consideration of relator’s application for post-conviction relief filed in April, 2004. See generally State ex rel. Wilson v. State, 01-1464 (La.3/15/02), 812 So.2d 622. The district court is accordingly ordered to give the application merits consideration.

JOHNSON, J., would deny the writ.

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