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State ex rel. Cook v. Lombard

Citations: 619 So. 2d 553; 1993 La. LEXIS 1930; 1993 WL 218913Docket: No. 93-KH-1432

Court: Supreme Court of Louisiana; June 15, 1993; Louisiana; State Supreme Court

Narrative Opinion Summary

In the case of In re Cook, Jerry, the plaintiff is seeking supervisory and/or remedial writ from the Parish of Orleans, Criminal District Court, Div. F, No. 283-871. The relator claims that the district court has not acted in a timely manner regarding his application for post-conviction relief submitted around April 23, 1991. If the relator's assertion is accurate, the district court is mandated to review and take action on the application. Justice Marcus is noted as not being on the panel for this decision.

Legal Issues Addressed

Mandate for Judicial Review

Application: The case underscores the obligation of the district court to review and act on the submitted application for post-conviction relief if the relator's claims of delay are substantiated.

Reasoning: If the relator's assertion is accurate, the district court is mandated to review and take action on the application.

Timeliness of Court Action on Post-Conviction Relief Applications

Application: The legal requirement for the district court to act promptly on applications for post-conviction relief is emphasized, with the implication that failure to do so may necessitate supervisory or remedial intervention.

Reasoning: The relator claims that the district court has not acted in a timely manner regarding his application for post-conviction relief submitted around April 23, 1991.