State Of Louisiana v. Stanley Lindsey ( 2020 )

1 1 1; 1 1s1
COURT OF APPEAL, FIRST CIRCUIT
STATE OF LOUISIANA NO. 2020 KW 0239
VERSUS
STANLEY LINDSEY
APR 2 8 2010
In Re: Stanley Lindsey, applying for supervisory writs, 19th
Judicial District Court, Parish of East Baton Rouge, No.
3050854.
BEFORE: WHIPPLE, C. J., GUIDRY AND BURRIS,' JJ.
WRIT DENIED. Relator' s application was not timely filed in
the district court, and relator fails to carry his burden to show
that an exception applies. See La. Code Crim. P. art. 930. 8( A).
If an application for postconviction relief is untimely, it should
not be considered on the merits. See State v. LeBlanc, 2006- 0169
La. 9/ 15/ 06), 937 So. 2d 844 ( per curiam). Furthermore, relator
has not advanced a convincing claim of actual innocence. See State
v. Pierre, 201.3- 0873 ( La. 10/ 15/ 13), 125 So. 3d 403; State v.
Conway, 2001- 2808 ( La. 4/ 12/ 02), 816 So. 2d 290. Finally, relator
is not entitled to DNA testing in this case. See La. Code Crim.
P. art. 926. 1( B)( 1). Accordingly, the district court did not err
by denying relator' s application for postconviction relief. See
La. Code Crim. P. art. 928.
VGW
JMG
WJB
COURT OF APPEAL, FIRST CIRCUIT
Ut'
DEPUTY
Lp4t CLERK OF COURT
FOR THE COURT
1 Judge William J. Burris, retired,
serving pro tempore by special appointment
of the Louisiana Supreme Court.