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State v. Simmons

Supreme Court of Louisiana
May 4, 2001
791 So. 2d 644 (La. 2001)

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.


Summaries of

State v. Simmons

Supreme Court of Louisiana
May 4, 2001
791 So. 2d 644 (La. 2001)
Case details for

State v. Simmons

Case Details

Full title:STATE OF LOUISIANA v. KENNETH SIMMONS

Court:Supreme Court of Louisiana

Date published: May 4, 2001

Citations

791 So. 2d 644 (La. 2001)

Citing Cases

State ex Rel. Joyner v. State

Accordingly, he filed below untimely. La.C.Cr.P. art. 930.8. See also State v. Simmons, 00-3017 (La. 5/4/01),…