(DOWNLOAD) "State Ex Rel Clavelle v. State" by Supreme Court Of Louisiana # eBook PDF Kindle ePub Free
eBook details
- Title: State Ex Rel Clavelle v. State
- Author : Supreme Court Of Louisiana
- Release Date : January 12, 2003
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 54 KB
Description
In the present case, relator, unrepresented by counsel at his probation revocation hearing and uninformed of the time limits for seeking supervisory review, finds himself now seeking out-of-time writ review after his initial attempt to attack his revocation in post-conviction proceedings was denied on the merits by the district court but rejected in the appellate court on grounds that he had failed to file for supervisory review within 30 days of the revocation order. The court of appeal also took the view that post-conviction proceedings were otherwise not available to review a judgment revoking probation because such an order does not constitute a conviction for purposes of La.C.Cr.P. art. 930.3, providing grounds for post-conviction relief. State v. Clavelle, 01-1128 (La. App. 3rd Cir. 11/14/01). Thereafter, when relator filed another application for post-conviction relief seeking out-of-time supervisory review of his probation revocation, the trial court and appellate court denied relief on grounds that no authority exists for reinstating a defendants right to seek discretionary review in the courts of appeal. State v. Clavelle, 02-0054 (La. App. 3rd Cir. 3/26/02).