State ex rel. Stevenson v. Cain

Supreme Court of Louisiana
State ex rel. Stevenson v. Cain, 170 So. 3d 153 (La. 2015)
2015 La. LEXIS 1520; 2015 WL 4545285
Considering, Hughes, Johnson, Opposition, Signing, Weimer, Would, Writ

State ex rel. Stevenson v. Cain

Opinion of the Court

PER CURIAM.

1 Writ granted. There is no error in the trial court’s determinations that the claim is barred by the post-conviction limitations period, La.C.Cr.P. art. 930.8(A), and that, regardless, the claim asserted by relator would not entitle him to relief. Therefore, the court of appeal’s ruling directing the trial court to conduct an evidentiary hearing, State ex rel. Stevenson v. Cain, 15-0140 (La.App. 5 Cir. 5/5/14) (unpub’d), is reversed and the trial court’s ruling denying relator’s application for post-conviction relief is reinstated.

JOHNSON, C.J., not signing. *154WEIMER, J., would order an opposition before considering the writ. HUGHES, J., not signing.

Reference

Full Case Name
STATE ex rel. Brandon STEVENSON v. Burl CAIN, Warden
Status
Published