State
v.
El-Amin

STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUITJul 17, 2018
NO. 2018 KW 0533 (La. Ct. App. Jul. 17, 2018)

NO. 2018 KW 0533

07-17-2018

STATE OF LOUISIANA v. SADAT EL-AMIN


In Re: Sadat El-Amin, applying for supervisory writs, 22nd Judicial District Court, Parish of Washington, No. 09-CR1-101854. BEFORE: McDONALD, McCLENDON, AND HOLDRIDGE, JJ.

WRIT DENIED. Relator's application for postconviction relief, filed in January 2018, is untimely on its face, and the holding in Tabler v. Stephens, 591 Fed.Appx. 281 (5th Cir. 2015) (per curiam) (unpublished), which extended Martinez v. Ryan, 566 U.S. 1, 132 S.Ct. 1309, 1315, 182 L.Ed.2d 272 (2012), to claims of ineffective assistance of counsel in federal habeas proceedings is inapplicable to this case. See State v. Deloch, 2013-1975 (La. 5/16/14), 140 So.3d 1167. If an application for postconviction relief is untimely under Article 930.8, it should not be considered on the merits. See State v. LeBlanc, 2006-0169 (La. 9/15/06), 937 So.2d 844 (per curiam). Therefore, the district court did not abuse its discretion by denying the successive and repetitive application for postconviction relief without holding an evidentiary hearing. See La. Code Crim. P. arts. 930.4(D) & 930.8(A).

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COURT OF APPEAL, FIRST CIRCUIT /s/_________


DEPUTY CLERK OF COURT


FOR THE COURT