Opinion
NO. 2017 KW 0684
08-04-2017
STATE OF LOUISIANA v. THEOSHAMOND NORMAN
In Re: Theoshamond Norman, applying for supervisory writs, 20th Judicial District Court, Parish of East Feliciana, No. 98-CR-603. BEFORE: HIGGINBOTHAM, HOLDRIDGE AND PENZATO, 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. Therefore, relator's 2017 application for postconviction relief is time barred because he failed to show an exception to the time limitations imposed by La. Code Crim. P. art. 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 untimely and successive application for postconviction relief. See La. Code Crim. P. art. 930.4(E).
GH
AHP
TMH
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT