Opinion
NO. 2014 KW 1830
02-09-2015
STATE OF LOUISIANA v. JACE WASHINGTON
In Re: Jace Washington, applying for supervisory writs, 22nd Judicial District Court, Parish of St. Tammany, No. 431086-1. BEFORE: McDONALD, CRAIN AND HOLDRIDGE, JJ.
WRIT DENIED. A pleading's nature is determined by its substance and not its caption. See State ex rel. Daley v. State, 97-2612 (La. 11/7/97), 703 So.2d 32. Although relator styled his pleading as an application for a writ of habeas corpus, the remedy he seeks is in the nature of a request for postconviction relief provided by La. Code Crim. P. art. 924 et seq. Habeas corpus is not available to contest the validity of a conviction or to have the sentence set aside; such claims are considered requests for postconviction relief. Sinclair v. Kennedy, 96-1510 (La. App. 1st Cir. 9/19/97), 701 So.2d 457, 460, writ denied, 97-2495 (La. 4/3/98), 717 So.2d 645. No application for postconviction relief shall be considered if it is filed more than two years after the judgment of conviction and sentence have become final. See La. Code Crim. P. art. 930.8(A).
GH
JMM
WJC
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT