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defendantstatutetrialpleahabeas corpusdue process
defendantpleahabeas corpus

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State ex rel. Glover v. State, 660 So.2d 1189, 93-2330 (La. 9/5/95)

Facts

Ronald Glover, Marvin Young, and Lester Carl Wright each filed applications for postconviction relief after their convictions. Glover pleaded guilty to multiple serious charges in 1985 and filed for relief in 1992, which was denied as untimely. Young was convicted in 1990 and filed in 1994, while Wright was convicted in 1987 and also filed in 1994. All applications were denied based on La.C.Cr.P. art. 930.8, which limits the filing period for such applications.

On January 30, 1985, Ronald Glover pleaded guilty to three counts of aggravated crime against nature, three counts of armed robbery, three counts of forcible rape, four counts of simple kidnapping, and one count of attempted armed robbery.

Issue

The main legal issues were whether La.C.Cr.P. art. 930.8 violated the United States and Louisiana Constitutions, particularly regarding due process, habeas corpus, and ex post facto laws.

Petitioners and amici curiae allege La.C.Cr.P. art. 930.8 violates the United States and Louisiana Constitutions.

Rule

The court ruled that La.C.Cr.P. art. 930.8's limitations period does not violate constitutional rights and that the requirement for trial judges to inform defendants of the limitations period is not an enforceable right.

After analyzing Art. 930.8 along with relevant constitutional provisions and jurisprudential authorities, we conclude its limitations period violates neither the United States Constitution nor the Louisiana Constitution of 1974.

Analysis

The court analyzed the statute in light of constitutional provisions and previous jurisprudence, concluding that the limitations period serves the state's interest in preventing stale claims and does not infringe on the defendants' rights. The court found that the statute provides a reasonable opportunity for defendants to seek relief and does not suspend the writ of habeas corpus.

By not completely foreclosing the opportunity for post conviction relief in those cases involving new facts, new law, or where a death sentence has been imposed, and by providing a full three years (or one year for those who would have already been barred) for the filing of all other applications, Art. 930.8 strikes a balance between the competing interests of the state and the petitioners and provides a reasonable amount of time within which to file an application for post conviction relief.

Conclusion

The Supreme Court affirmed the lower courts' decisions, holding that La.C.Cr.P. art. 930.8 is constitutional and does not violate the defendants' rights.

Accordingly, we hold that Art. 930.8 does not suspend the writ of habeas corpus in violation of Art. I, § 21 of the Louisiana Constitution of 1974.

Who won?

The State prevailed in the case as the court upheld the constitutionality of La.C.Cr.P. art. 930.8, affirming the lower courts' denials of the defendants' applications for postconviction relief.

The State prevailed in the case as the court upheld the constitutionality of La.C.Cr.P. art. 930.8, affirming the lower courts' denials of the defendants' applications for postconviction relief.

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