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State ex rel Daley v. State

Supreme Court of Louisiana
Nov 7, 1997
703 So. 2d 32 (La. 1997)

Opinion

No. 97-KH-2612

November 7, 1997

IN RE: Daley, Donnie; — Plaintiff(s); Applying for Supervisory and/or Remedial Writs; Parish of Iberville 18th Judicial District Court Div. "A" Number 3134,91


Writ granted solely for purposes of transfer to the court of appeal. Though relator styled his filing an application for a writ of habeas corpus, the remedy he seeks is in the nature of post-conviction relief provided for by La.C.Cr.P. art. 924 et seq., see La.C.Cr.P. art. 351; State ex rel. Glover v. State, 93-2330, P. 9-11 (La. 9/5/95), 660 So.2d 1189, 1195-96, and we consider the substance rather than the caption of the filing. Smith v. Cajun Insulation, 392 So.2d 398, 402 n.2 (La. 1980). Writs seeking review of the district court's denial of relief therefore lie to the court of appeal. See La. Const. art. Y, Section 10 (A); La.C.Cr.P. art. 930.6; La.S.Ct.R. X, Section 5 (b). Accordingly, relator's writ is transferred to the court of appeal for its consideration of the merits.

JPV

PFC

HTL

CDK

BJJ

CDT

JTK

MARCUS, J. not on panel.


Summaries of

State ex rel Daley v. State

Supreme Court of Louisiana
Nov 7, 1997
703 So. 2d 32 (La. 1997)
Case details for

State ex rel Daley v. State

Case Details

Full title:STATE EX REL DONNIE DALEY vs. STATE OF LOUISIANA

Court:Supreme Court of Louisiana

Date published: Nov 7, 1997

Citations

703 So. 2d 32 (La. 1997)

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