From Casetext: Smarter Legal Research

State v. Washington

STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT
Aug 27, 2013
NO. 2013 KW 1038 (La. Ct. App. Aug. 27, 2013)

Opinion

NO. 2013 KW 1038

08-27-2013

STATE OF LOUISIANA v. SOLOMON WASHINGTON


In Re: Solomon Washington, applying for supervisory writs, 22nd Judicial District Court, Parish of St. Tammany, No. 302559.

BEFORE: PARRO, GUIDRY AND DRAKE, JJ.

WRIT DENIED. The holding in Martinez v. Ryan, ____ U.S. ____, 132 S.Ct. 1309, 182 L.Ed.2d 272 (2012) appears to affect federal habeas corpus proceedings for defendants alleging ineffective assistance of counsel, but it does not create any right enforceable in state criminal postconviction proceedings. Moreover, Missouri v. Frye, 132 S.Ct. 1399, 182 L.Ed.2d 379 (2012) and Lafler v. Cooper, 132 S.Ct. 1376, 182 L.Ed.2d 398 (2012), did not announce new rules of constitutional law that apply retroactively to cases on collateral review, but merely applied the Sixth Amendment right to counsel. See In re King, 697 F.3d 1189 (5th Cir. 2012) (per curiam). Accordingly, the trial court did not err in denying relator's application for postconviction relief as untimely under La. Code Crim. P. art. 930.8.

RHP

JMG

EGD

COURT OF APPEAL, FIRST CIRCUIT ______________________

DEPUTY CLERK OF COURT

FOR THE COURT


Summaries of

State v. Washington

STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT
Aug 27, 2013
NO. 2013 KW 1038 (La. Ct. App. Aug. 27, 2013)
Case details for

State v. Washington

Case Details

Full title:STATE OF LOUISIANA v. SOLOMON WASHINGTON

Court:STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT

Date published: Aug 27, 2013

Citations

NO. 2013 KW 1038 (La. Ct. App. Aug. 27, 2013)