State ex rel. Sellers v. State

Supreme Court of Louisiana
State ex rel. Sellers v. State, 207 So. 3d 1042 (La. 2016)
2016 La. LEXIS 2490

State ex rel. Sellers v. State

Opinion of the Court

PER CURIAM:

| jDenied. The application was not timely filed in the district court, and relator fails to carry his burden to show that an exception applies. La.C.Cr.P. Art. 930.8; see State ex rel. Glover v. State, 93-2330, pp. 9-11 (La. 9/5/95), 660 So.2d 1189, 1195-96 (distinguishing habeas corpus from post-conviction relief and endorsing La.C.Cr.P. Art. 351 and its cmt. (c), which states that “habeas corpus is not the proper procedural device for petitioners who may file applications for post-conviction relief;” rather, it “deals with pre-conviction complaints concerning custody”).

Relator has previously exhausted his light to state collateral review. See State ex rel. Sellers v. State, 15-0295 (La. 11/20/15), 178 So.3d 983.

Reference

Full Case Name
STATE EX REL. Dannon SELLERS v. STATE of Louisiana
Status
Published