Supreme Court of Louisiana, 2015

State v. Quinn

Supreme Court of Louisiana · Decided April 10, 2015

163 So. 3d 799; 2015 La. LEXIS 1004; 2015 WL 1893315 (Southern Reporter, Third Series)

Cases that cite this one

2 later published cases cite this decision.

State v. Thomas (La. Ct. App. 2016)
State v. Hamlin (La. Ct. App. 2015)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

In re State of Louisiana; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Iberia, 16th Judicial District Court Div. E, No. 04-1397; to the Court of Appeal, Third Circuit, No. KW 14-00226.

Granted. The court of appeal erred to the extent that it granted respondent Michael Quinn partial relief and vacated his habitual offender adjudication and sentence. State ex rel. Melinie v. State, 93-1380 (La.1/12/96), 665 So.2d 1172 precludes consideration of any habitual offender adjudication error on collateral review. See State v. Cotton, 09-2397 (La.10/15/10), 45 So.3d 1030 (“[A] habitual offender adjudication ... constitutes sentencing for purposes of Melinie and La.C.Cr.P. art. 930.3, which provides no vehicle for post-conviction consideration of claims arising out of habitual offender proceedings, as opposed to direct appeal of the conviction and sentence.”). Respondent’s habitual offender *800adjudication and sentence are therefore reinstated.

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