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STATE EX REL HENSLEY v. STATE, 2003-1691 (La. 6/4/04)

Supreme Court of Louisiana.
Jun 4, 2004

Writ granted in part; otherwise denied; case remanded. Because under La.C.Cr.P. art. 922(B) and U.R.C.A. 2-18.2 relator's conviction did not become final until 14 days after the court of appeal issued its opinion, State v. Hensley, 00-1448 (La.App. 5th Cir. 2/28/01), 701 So.2d 834, his application filed March 12, 2003, and placed in prison authorities' hands even earlier, Houston v. Lack, 487 U.S. 266, 108 S.Ct. 2379, 101 L.Ed.2d 245 (1988); State ex rel. Johnson v. Whitley, 92-2689 (La. 1/5/95), 648 So.2d 909; Tatum v. Lynn, 93-1559 (La.App. 1st Cir. 1994), 637 So.2d 796, arrived timely. Accordingly, the district court is directed to give merits considerations to his claims.

CDT

PFC

CDK

BJJ

JPV

JTK

JLW

HTL