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State v. Allen

STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT
Jul 17, 2018
NO. 2018 KW 0585 (La. Ct. App. Jul. 17, 2018)

Opinion

NO. 2018 KW 0585

07-17-2018

STATE OF LOUISIANA v. RONNIE ALLEN


In Re: Ronnie Allen, applying for supervisory writs, 21st Judicial District Court, Parish of Tangipahoa, No. 701,318. BEFORE: McDONALD, McCLENDON AND HOLDRIDGE, JJ.

WRIT DENIED. Relator's application for postconviction relief, filed in March 2018, is untimely on its face, and the holding in Coleman v. Goodwin, 833 F.3d 537, 543 (5th Cir. 2016), which is similar to the holding in Martinez v. Ryan, 566 U.S. 1, 132 S.Ct. 1309, 182 L.Ed.2d 272 (2012), is inapplicable to this case. See State v. Deloch, 2013-1975 (La. 5/16/14), 140 So.3d 1167. If an application for postconviction relief is untimely under Article 930.8, it should not be considered on the merits. See State v. LeBlanc, 2006-0169 (La. 9/15/06), 937 So.2d 844 (per curiam). Therefore, the district court did not abuse its discretion by denying the successive, repetitive, and untimely application for postconviction relief without holding an evidentiary hearing. See La. Code Crim. P. arts. 930.4(D) & 930.8(A).

GH

JMM

PMc

COURT OF APPEAL, FIRST CIRCUIT /s/_________

DEPUTY CLERK OF COURT

FOR THE COURT


Summaries of

State v. Allen

STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT
Jul 17, 2018
NO. 2018 KW 0585 (La. Ct. App. Jul. 17, 2018)
Case details for

State v. Allen

Case Details

Full title:STATE OF LOUISIANA v. RONNIE ALLEN

Court:STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT

Date published: Jul 17, 2018

Citations

NO. 2018 KW 0585 (La. Ct. App. Jul. 17, 2018)