DocketNumber: 2022KW0753
Filed Date: 9/12/2022
Status: Precedential
Modified Date: 9/13/2022
STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT STATE OF LOUISIANA NO. 2022 KW 0753 VERSUS ROBERT C. MEADS, UR. SEPTEMBER 12, 2022 In Re: Robert C. Meads, Jr., applying for supervisory writs, 32nd Judicial District Court, Parish of Terrebonne, No. 290,742. BEFORE : WELCH, PENZATO, AND LANIER, JJ. WRIT DENIED. While the district court construed relator’s pleading as a motion for new trial, we look at the substance rather than the caption of the pleading. The pleading herein, filed twenty-three years after relator’s conviction and sentence became final and challenging the general venire, is an untimely application for postconviction relief. See La. Code Crim. P. art. 930.8. See also State ex rel. Modique v. State, 2016-0854 (La. 9/6/17),225 So.3d 1053
(per curiam). Furthermore, the district court’s April 1, 2022 order setting the pleading for a hearing did not constitute a grant of a new trial. See State v. Williams, 2001-0554 (La. 5/14/02),817 So.2d 40
. Therefore, the district court did not err when it issued a subsequent order on June 16, 2022, denying the pleading. JEW AHP WIL COURT OF APPEAL, FIRST CIRCUIT acl) DEPUTY CLERK OF COURT FOR THE COURT