From Casetext: Smarter Legal Research

State ex Rel. Johnson v. Whitley

Supreme Court of Louisiana
Jan 6, 1995
648 So. 2d 909 (La. 1995)

Summary

In State ex rel. Johnson v. Whitley, 92-2689 (La. 1/6/95), 648 So.2d 909, the supreme court cited Tatum and ordered the district court to hold a hearing and to apply the principles set out in it and in Houston v. Lack, supra, to determine whether the inmate timely filed his application for post conviction relief by delivering it to penitentiary authorities for forwarding to the court before the filing deadline passed.

Summary of this case from Shelton v. Louisiana Department of Corrections

Opinion

No. 92-KH-2689

January 6, 1995

IN RE: Johnson, Gregory; — Plaintiff(s); Applying for Supervisory and/or Remedial Writs; Parish of Jefferson 24th Judicial District Court Div. "C" Number 86-3022; to the Court of Appeal, Fifth Circuit, Number 92-KW-0635


January 6, 1995

Writ granted; case remanded to the district court. The district court is ordered to appoint counsel and hold a hearing at which it will apply the principles set out in Houston v. Lack, 487 U.S. 266, 108 S.Ct. 2379, 101 L.Ed.2d 245 (1988) and determine whether relator timely filed his application for post conviction relief by delivering it to penitentiary authorities for forwarding to the court before the filing deadline passed. See Tatum v. Lynn, 93-1559 (La.App. 1st Cir. 1994), 637 So.2d 796. If the court finds that relator filed timely, it must 1) exercise its discretion and "determine whether the interests of justice require that relator be allowed to amend and supplement his timely filed application for post conviction relief," State ex rel. Duhon v. Whitley, 92-1740 (La. 9/2/94), 642 So.2d 1273; and 2) rule on the merits of relator's application.

CDK

WFM

JLD

JCW

HTL

BJJ

JPV

CALOGERO, C.J. not on panel.


Summaries of

State ex Rel. Johnson v. Whitley

Supreme Court of Louisiana
Jan 6, 1995
648 So. 2d 909 (La. 1995)

In State ex rel. Johnson v. Whitley, 92-2689 (La. 1/6/95), 648 So.2d 909, the supreme court cited Tatum and ordered the district court to hold a hearing and to apply the principles set out in it and in Houston v. Lack, supra, to determine whether the inmate timely filed his application for post conviction relief by delivering it to penitentiary authorities for forwarding to the court before the filing deadline passed.

Summary of this case from Shelton v. Louisiana Department of Corrections
Case details for

State ex Rel. Johnson v. Whitley

Case Details

Full title:STATE EX REL. GREGORY JOHNSON vs. JOHN P. WHITLEY, WARDEN

Court:Supreme Court of Louisiana

Date published: Jan 6, 1995

Citations

648 So. 2d 909 (La. 1995)

Citing Cases

Weaver v. Warden

Thus, when he filed his § 2254 habeas petition with this Court four days later on April 27, 2004, he asserts…

Varnado v. Cain

Louisiana follows the "mailbox rule" in determining when a pro se application for postconviction relief is…