Opinion
2022 KW 0753
09-12-2022
STATE OF LOUISIANA v. ROBERT C. MEADS, JR.
Robert C. Meads, Jr., applying for supervisory writs, 32nd Judicial District Court, Parish of Terrebonne, No. 290,742.
BEFORE: WELCH, PENZATO, AND LANIER, JJ.
WRIT DENIED. While the district court construed relator's pleading as a motion for new trial, we look at the substance rather than the caption of the pleading. The pleading herein, filed twenty-three years after relator's conviction and sentence became final and challenging the general venire, is an untimely application for postconviction relief. See La. Code Crim. P. art. 930.8. See also State ex rel. Modique v. State, 2016-0854 (La. 9/6/17), 225 So.3d 1053 (per curiam). Furthermore, the district court's April 1, 2022 order setting the pleading for a hearing did not constitute a grant of a new trial. See State v. Williams, 2001-0554 (La. 5/14/02), 817 So.2d 40. Therefore, the district court did not err when it issued a subsequent order on June 16, 2022, denying the pleading.
JEW
AHP
WIL