Opinion
NO. 2014 KW 1162
10-03-2014
STATE OF LOUISIANA v. TERRANCE JAMES KELM
In Re: Terrance James Kelm, applying for supervisory writs, 22nd Judicial District Court, Parish of St. Tammany, No. 456903.
BEFORE: WHIPPLE, C.J., McCLENDON AND HIGGINBOTHAM, JJ.
WRIT DENIED. A pleading's nature is determined by its substance and not its caption. See State ex rel. Daley v. State, 97-2612 (La. 11/7/97), 703 So.2d 32; State ex rel. Lay v. Cain, 96-1247 (La. App. 1st Cir. 2/14/97), 691 So.2d 135, 137. Habeas corpus is not available to contest the validity of a conviction or to have the sentence set aside; such claims are considered requests for postconviction relief. Sinclair v. Kennedy, 96-1510 (La. App. 1st Cir. 9/19/97), 701 So.2d 457, 460, writ denied, 97-2495 (La. 4/3/98), 717 So.2d 645. If the inmate files a pleading that requests postconviction relief, the pleading should be treated as such, including the application of the time limit of Article 930.8. See State v. Jarrow, 2004-0483 (La. 9/24/04), 882 So.2d 1160. No application for postconviction relief shall be considered if it is filed more than two years after the judgment of conviction and sentence have become final. See La. Code Crim. P. art. 930.8(A). It is well settled that a guilty plea, by its nature, admits factual guilt and relieves the State of the necessity to prove it by a contested trial. See State v. Crosby, 338 So.2d 584 (La. 1976); State v. Bourgeois, 406 So.2d 550 (La. 1981).
PMc
TMH
VGW
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT