Opinion
NO. 2017 KW 0240
03-31-2017
STATE OF LOUISIANA v. HENRY JACKSON
In Re: Henry Jackson, applying for supervisory writs, 17th Judicial District Court, Parish of Lafourche, No. 225697. BEFORE: WHIPPLE, C.J., GUIDRY AND McCLENDON, JJ.
WRIT DENIED. The holding in Martinez v. Ryan, 566 U.S. 1, 132 S.Ct. 1309, 182 L.Ed.2d 272 (2012), does not apply to relator's postconviction claims made in state district court. See State v. Deloch, 2013-1975 (La. 5/16/14), 140 So.3d 1167. Relator's conviction and sentence became final in 1992, and the delay to seek postconviction relief expired in 1995. See La. Code Crim. P. arts. 922(D) & 930.8(A). If an application for postconviction relief is untimely, it should not be considered on the merits. See State v. LeBlanc, 2006-0169 (La. 9/15/06), 937 So.2d 844 (per curiam). Accordingly, the district court did not err by dismissing relator's successive application for postconviction relief without holding an evidentiary hearing. See La. Code Crim. P. art. 928.
JMG
PMc
VGW
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT