State v. Russell
887 So. 2d 462
| La. | 2004
887 So.2d 462 (2004)

STATE of Louisiana
v.
Terryance RUSSELL.

No. 2004-KP-1622.

Supreme Court of Louisiana.

November 15, 2004.

Writ granted; convictions and sentences reinstated. Relator has not carried his post-conviction burden of proof that he filed his application timely. La.C.Cr.P. art. 930.2. Thus, his claim of ineffective *463 assistance of counsel should not have been considered on the merits by the district court. La.C.Cr.P. art. 930.8; State ex rel. Glover v. State, 93-2330 (La.9/5/95), 660 So.2d 1189.

JOHNSON, J., would deny the writ.