Opinion
NO. 2013 KW 1428
2013-10-08
STATE OF LOUISIANA v. DAVID MITCHELL
In Re: David Mitchell, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 02-89-0002.
BEFORE: WHIPPLE, C.J., WELCH AND CRAIN, JJ.
WRIT DENIED. The holding in Martinez v. Ryan, ___ U.S. ___, 132 S.Ct. 1309, 182 L.Ed.2d 272 (2012) appears to affect federal habeas corpus proceedings for defendants alleging ineffective assistance of counsel, but it does not create any right enforceable in state criminal postconviction proceedings. Accordingly, the trial court did not err in denying relator's application for postconviction relief as untimely under La. Code Crim. P. art. 930.8.
VGW
JEW
WJC
COURT OF APPEAL, FIRST CIRCUIT ____________________
DEPUTY CLERK OF COURT
FOR THE COURT