State v. Russell

887 So.2d 462 (2004) STATE of Louisiana v. Terryance RUSSELL. No. 2004-KP-1622. Supreme Court of Louisiana. November 15, 2004. Writ granted; convictions and sentences reinstated. Relator has not carried his post-conviction burden of proof that he filed his application timely. La.C.Cr.P. art. 930.2. Thus, his claim of ineffective *463 assistance of counsel should not have been considered on the merits by the district court. La.C.Cr.P. art. 930.8; State ex rel. Glover v. State, 93-2330 (La.9/5/95), 660 So.2d 1189. JOHNSON, J., would deny the writ.