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State v. Tran

Supreme Court of Louisiana
Jun 1, 2001
793 So. 2d 172 (La. 2001)

Summary

finding petitioner did not meet custody requirement citing La. Code Crim. P. art. 924 and Smith, 700 So.2d at 495-96

Summary of this case from WHITTAKER v. DOC SECRETARY

Opinion

No. 2000-KP-2471

June 1, 2001.

IN RE: State of Louisiana; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. E, Nos. 356-242; to the Court of Appeal, Fourth Circuit, No. 2000-K-1355


Writ granted; conviction reinstated. Tran's filing below, properly considered an application for post-conviction relief State v. Smith, 406 So.2d 1314, 1316 n. 3 (La. 1981); Smith v. Cajun Insulation, 392 So.2d 398, 402 n. 2 (1980), arrived below untimely. La.C.Cr.P. art. 930.8; State ex rel. Glover v. State, 93-2330, p. 21-22 (La. 9/5/95), 660 So.2d 1189, 1201-02. In addition, Tran cannot satisfy the custody requirements for an application for post-conviction relief. La.C.Cr.P. art. 924; State v. Smith, 96-1798, p. 4-6 (La. 10/21/97), 700 So.2d 493, 495-96. Finally, the change if any in Tran's immigration status. a "collateral consequence" of the plea, does not render the plea involuntary. See, e.g., United States v. Osiemi, 980 F.2d 344, 349 (5th Cir. 1993); State v. Figueora, 639 A.2d 495, 499 (R.I. 1994).

JTK

CDK

JPV

CDT

RLL

CALOGERO, C.J., would deny the writ.

CIACCIO, J., would deny the writ.


Summaries of

State v. Tran

Supreme Court of Louisiana
Jun 1, 2001
793 So. 2d 172 (La. 2001)

finding petitioner did not meet custody requirement citing La. Code Crim. P. art. 924 and Smith, 700 So.2d at 495-96

Summary of this case from WHITTAKER v. DOC SECRETARY
Case details for

State v. Tran

Case Details

Full title:STATE OF LOUISIANA v. HAI TRAN

Court:Supreme Court of Louisiana

Date published: Jun 1, 2001

Citations

793 So. 2d 172 (La. 2001)

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