Opinion
No. 2000-KP-3017
May 4, 2001.
IN RE; State of Louisiana; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. A, Nos. 178-906;
Writ granted; conviction and sentence reinstated. Because Campbell v. Louisiana, 523 U.S. 392, 118 S.Ct. 1419, 140 L.Ed.2d 551 (1998), does not apply retroactively and would not apply to relator in any case, see Coe v. Bell, 161 F.3d 320, 353, 355 (6th Cir. 1998), relator has not shown that his claim is based on new jurisprudence "retroactively applicable to his case." La.C.Cr.P. art. 930.8 (A)(2). Accordingly, he filed below untimely. La.C.Cr.P. art. 930.8.
JTK
CDK
JPV
CDT
PCC
JOHNSON, J., would deny writ.