Opinion
NO. 2014 KW 1644
02-02-2015
STATE OF LOUISIANA v. JOHN ROGERS
In Re: John Rogers, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 10-98-0878. BEFORE: WHIPPLE, C.J., McCLENDON AND HIGGINBOTHAM, JJ.
WRIT DENIED. Martinez v. Ryan, ___ U.S. ___, 132 S.Ct. 1309, 132 L.Ed.2d 272 (2012) and Trevino v. Thaler, ___ U.S. ___, 133 S.Ct. 1911, 185 L.Ed.2d 1044 (2013), announced rules permitting federal courts conducting habeas corpus review of final state court convictions to consider the merits of a claim otherwise procedurally defaulted. These decisions do not create any right enforceable in state criminal postconviction proceedings. State v. Deloch, 2013-1975 (La. 5/16/14), 140 So.3d 1167. Accordingly, the trial court did not err in denying relator's application for postconviction relief as untimely in accordance with La. Code Crim. P. art. 930.8.
VGW
PMc
TMH
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT