Opinion
2013 KW 0789
07-15-2013
STATE OF LOUISIANA v. DAVIDSON LEWIS
In Re: Davidson Lewis, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 4-98-407.
BEFORE: McDONALD, WELCH AND CRAIN, JJ.
WRIT DENIED. The application for postconviction relief was filed untimely. See La. Code Crim. P. art. 930.8. A defendant must file a request for an out-of-time appeal within the delay established in article 930.8. See State v. Counterman, 475 So.2d 336 (La. 1985); State v. Mims, 2006-1219 (La. App. 3d Cir. 11/2/06), 942 So.2d 70, 71-72. Moreover, Martinez v. Ryan, ___ U.S. ___, 132 S.Ct. 1309, 182 L.Ed.2d 272 (2012) does not entitle relator to any relief in the application for postconviction relief that he filed in state court. Thus, the exception to the time limitation period of article 930.8(A)(2) does not apply.
JEW
WJC
JMM
COURT OF APPEAL, FIRST CIRCUIT ____________________________
DEPUTY CLERK OF COURT
FOR THE COURT