State v. Shepard

Supreme Court of Louisiana
State v. Shepard, 917 So. 2d 1086 (La. 2005)
2005 La. LEXIS 2817; 2005 WL 3691475

State v. Shepard

Opinion of the Court

In re State of Louisiana; — Defendant; Applying for Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. A, No. 01-1236; to the Court of Appeal, Fifth Circuit, No. 05-KH-150.

Granted. As raised by the state in its procedural objections to relator’s application, La.C.Cr.P. art. 930.3 and State ex rel. Melinie v. State, 98-1380 (La.1/12/96), 665 So.2d 1172, preclude relator’s challenge to his habitual offender status. State ex rel. Brown v. State, 03-2568, p. 2 (La.3/26/04), 870 So.2d 976, 977. Because relator’s claim is not cognizable on collateral review, the district court is directed to deny relator’s application on grounds that it is procedurally barred.

Reference

Full Case Name
STATE of Louisiana v. Alexander SHEPARD
Status
Published