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