State v. Russell

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 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.