Supreme Court of Louisiana, 2015

State v. Surus

State v. Surus
Supreme Court of Louisiana · Decided February 6, 2015 · Crichton, Johnson, Knoll
157 So. 3d 1136; 2015 WL 807762 (Southern Reporter, Third Series)

State v. Surus

Opinion of the Court

In re Surus, Mario; — Defendant; Applying For Supervisory and/or Remedial Writs, Parish of Lafayette, 15th Judicial District Court Div. B, No. 126405; to the Court of Appeal, Third Circuit, No. 13-903.

Denied.

Concurring Opinion

JOHNSON, C.J., and KNOLL and CRICHTON, JJ.,

additionally concur.

Relator fails to satisfy the custody requirement for applications for post-conviction relief. See La.C.Cr.P. art. 924(2) (“ ‘Custody’ means detention or confinement, or probation or parole supervision....”). See also State v. Smith, 96-1798, p. 4-6 (La.10/21/97), 700 So.2d 493, 495-96 (analyzing the custody requirement in light of State ex rel. Becnel v. Blackburn, 410 So.2d 1015 (La. 1982)).

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