Opinion
No. 2013–KP–1975.
2014-05-16
STATE of Louisiana v. Sidney DELOCH, Jr.
In re State of Louisiana;—Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Iberville, 18th Judicial District Court Div. C, No. 767–79; to the Court of Appeal, First Circuit, No. 2012 KW 0995.
Writ granted. The district court's judgment overruling the state's procedural objection is vacated. Martinez v. Ryan, 566 U.S. ––––, 132 S.Ct. 1309, 132 L.Ed.2d 272 (2012), announced a rule permitting federal courts conducting habeas corpus review of final state court convictions to consider the merits of a claim otherwise procedurally defaulted. The decision does not apply to relator's post-conviction claims made in state court. Relator fails to show an exception to the post-conviction limitations period of La.C.Cr.P. art. 930.8 and his application is time barred. La.C.Cr.P. art. 930.8; State ex rel. Glover v. State, 93–2330 (La.9/5/95), 660 So.2d 1189.