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Supreme Court of Louisiana, 2012

State ex rel. Fish v. State

State ex rel. Fish v. State
Supreme Court of Louisiana · Decided September 28, 2012 · Cordero, Reasons, Weimer
98 So. 3d 796; 2012 WL 4475679; 2012 La. LEXIS 2491 (Southern Reporter, Third Series)
State ex rel. Fish v. State

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Opinion of the Court

PER CURIAM.

| jWrit granted; case remanded to the Fifth Circuit Court of Appeal. The prescriptive period for filing applications for post-conviction relief set out in La.C.Cr.P. art. 930.8 relates to pleadings filed after a judgment of conviction and sentence has become final and has no applicability to inmates seeking reconsideration of previously-filed applications denied with orders that failed to demonstrate compliance with La. Const, art. V, § 8(B). The court of appeal is therefore ordered to reconsider relator’s application in accord with its en banc resolution approved by this Court in State v. Cordero, 08-1717 (La.10/3/08), 993 So.2d 203.

WEIMER, J., concurs in part and dissents in part for the reasons assigned in State v. Cordero, 08-1717 (La.10/03/08), 993 So.2d 203.

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