State Of Louisiana v. Victor Covington ( 2020 )

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
STATE OF LOUISIANA NO. 2020 KW 0919
VERSUS
VICTOR COVINGTON DECEMBER 21, 2020
In Re: Victor Covington, applying for supervisory writs, 20th
Judicial District Court, Parish of East Feliciana, No.
96 - CR - 1253.
BEFORE: WHIPPLE, C. J., WELCH AND CHUTZ, JJ.
WRIT DENIED. A is determined its
pleading' s nature
by
substance and not its caption. State ex rel. Lay v. Cain, 96-
1247 ( La. App. 1st Cir. 2/ 14/ 97), 691 So. 2d 135, 137. Relator' s
contention that he should be released from confinement on the
ground the trial court lacked jurisdiction is an attack on his
conviction and sentence. Thus, his allegations are in the
nature of a request for postconviction relief. See La. Code
Crim. P. art. 924( 1). Relator' s claims are as the
untimely
delay to seek postconviction relief in this case has expired.
See La. Code Crim. P. art. 930. 8( A). Furthermore, contrary to
relator' s claims, the United States Supreme Court did not
declare La. Code Crim. P. art. 413( B) unconstitutional in
Campbell v. Louisiana, 523 U. S. 392, 118 S. Ct. 1419, 140 L. Ed. 2d
551 ( 1998). Compare State v. Dilosa, 2002- 2222 ( La. 6/ 27/ 03),
848 So. 2d 546.
CQURT OF APPEAL, FIRST CIRCUIT
DEPUTY LERK OF COURT
FOR THE COURT