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
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.
CALOGERO, C.J. not on panel.