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State v. Hebert

STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT
Aug 12, 2014
NO. 2014 KW 0832 (La. Ct. App. Aug. 12, 2014)

Opinion

NO. 2014 KW 0832

08-12-2014

STATE OF LOUISIANA v. MARTY JAMES HEBERT


In Re: Marty James Hebert, applying for supervisory writs 16th Judicial District Court, Parish of St. Mary, No 95-141805, 00-154115, & 14-192432.

BEFORE: WHIPPLE, C.J., McCLENDON AND HIGGINBOTHAM, JJ.

WRIT DENIED. The instant application for postconviction relief was filed untimely. See La. Code Crim. P. art. 930.8. Additionally, the holdings in Martinez v. Ryan, ___ U.S. ___, 132 S.Ct. 1309, 182 L.Ed.2d 272 (2012), and Trevino v. Thaler, 569 U.S. ___, 133 S.Ct. 1911, 185 L.Ed.2d 1044 (2013), appear to affect federal habeas corpus proceedings for defendants alleging ineffective assistance of counsel, but they do not create any right enforceable in state criminal postconviction proceedings. Accordingly, the trial court did not err in denying relator's application for postconviction relief.

VGW

PMc

TMH

COURT OF APPEAL, FIRST CIRCUIT /s/_________

DEPUTY CLERK OF COURT

FOR THE COURT


Summaries of

State v. Hebert

STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT
Aug 12, 2014
NO. 2014 KW 0832 (La. Ct. App. Aug. 12, 2014)
Case details for

State v. Hebert

Case Details

Full title:STATE OF LOUISIANA v. MARTY JAMES HEBERT

Court:STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT

Date published: Aug 12, 2014

Citations

NO. 2014 KW 0832 (La. Ct. App. Aug. 12, 2014)