State Of Louisiana v. Justin Davis ( 2019 )

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
STATE OF LOUISIANA NO. 2019 KW 1343
VERSUS
JUSTIN DAVIS NOV 2 5 2019
In Re: State of Louisiana, applying for supervisory writs,
19th Judicial District Court, Parish of East Baton
Rouge, No. 10- 11- 0644.
BEFORE: MoDONALD, THERIOT, AND CHUTZ, JJ.
WRIT GRANTED. The district court' s ruling overruling the
state' s procedural objection to the defendant' s filing of his
application for postconviction relief is reversed. The
defendant untimely filed his writ application with the district
court on March 8, 2018. Pursuant to La. Code Crim. P. art.
922( D), the defendant' s conviction and sentence were final on
March 4, 2016, which was the day the Louisiana Supreme Court
denied the defendant' s writ of certiorari. The time limit was
not extended for the defendant to file a rehearing, as the
defendant did not have the right to file for a rehearing. See
La. Sup. Ct. Rule IX, § 6( An application for rehearing will not
be considered when the court has merely granted or denied an
application for a writ of certiorari.). Accordingly, an
application for postconviction relief shall not be considered if
it is filed more than two years after the judgment of conviction
and sentence has become final. See La. Code Crim. P. art.
930. 8.
JMM
WRC
Theriot, J., dissents and would deny the writ application.
COURT OF APPEAL, FIRST CIRCUIT
DEPUTY LERK OF COURT
FOR THE COURT