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