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State ex rel. Blount v. State

Citations: 901 So. 2d 1055; 2005 La. LEXIS 1417; 2005 WL 1350032Docket: No. 2004-KH-1681

Court: Supreme Court of Louisiana; April 29, 2005; Louisiana; State Supreme Court

Narrative Opinion Summary

The court denied Allen Blount's application for supervisory and/or remedial writs in the Parish of Jefferson, 24th Judicial District Court, due to the application being untimely, non-cognizable, and repetitive. The ruling references Louisiana Code of Criminal Procedure articles 930.8 and 930.3, alongside case law from State ex rel. Glover and State ex rel. Melinie, which establish precedents for such determinations. Additionally, the court noted the relevance of La.C.Cr.P. art. 930.4(D) in the context of the case.

Legal Issues Addressed

Non-Cognizability of Claims under Louisiana Code of Criminal Procedure Article 930.3

Application: The court deemed the claims in the application to be non-cognizable, referencing established procedural limitations.

Reasoning: The court denied Allen Blount's application for supervisory and/or remedial writs in the Parish of Jefferson, 24th Judicial District Court, due to the application being... non-cognizable...

Precedential Authority from State ex rel. Glover and State ex rel. Melinie

Application: The court relied on precedents from these cases to support its denial of the application based on procedural issues.

Reasoning: The ruling references... case law from State ex rel. Glover and State ex rel. Melinie, which establish precedents for such determinations.

Repetitiveness of Applications under Louisiana Code of Criminal Procedure Article 930.4(D)

Application: The court found the application to be repetitive, justifying its denial by referencing procedural standards against repetitive filings.

Reasoning: The court denied Allen Blount's application for supervisory and/or remedial writs in the Parish of Jefferson, 24th Judicial District Court, due to the application being... repetitive.

Timeliness of Writ Applications under Louisiana Code of Criminal Procedure Article 930.8

Application: The court applied this principle to deny Allen Blount's application due to its untimeliness as per the procedural requirements.

Reasoning: The court denied Allen Blount's application for supervisory and/or remedial writs in the Parish of Jefferson, 24th Judicial District Court, due to the application being untimely...