Opinion

State Ex Rel. Melinie v. State

  • 665 So. 2d 1172
  • 1996 La. LEXIS 168
  • 1996 WL 15590
Court
Supreme Court of Louisiana
Filed
Jan 12, 1996
Status
Published
On the bench
Per Curiam
Cited by
2,534 cases
Authority
More cited than 99.9%

addressing claims for relief of excessiveness of sentence or other sentencing errors post-conviction

How later courts described this case

  • addressing claims for relief of excessiveness of sentence or other sentencing errors post-conviction

Written by the judges who cited it.

The opinion

665 So.2d 1172 (1996)

STATE ex rel. Vandyke MELINIE

v.

STATE of Louisiana.

No. 93-KH-1380.

Supreme Court of Louisiana.

January 12, 1996.

Reconsideration Denied February 16, 1996.

PER CURIAM.

We grant the application in order to rule definitively on the issue of whether a person may raise the question of excessiveness of sentence in a post-conviction application. La.Code Crim.Proc. art. 930.3, which sets out the exclusive grounds for granting post-conviction relief, provides no basis for review of claims of excessiveness or other sentencing error post-conviction. See State v. Gibbs, 620 So.2d 296 (La.App. 3d Cir.1993); cf. State ex rel. Glover v. State, 93-2330, p. 7, 11-14 (La. 9/5/95), 660 So.2d 1189, 1194, 1196-98 . Accordingly, relator's claim for post-conviction relief based on the excessiveness of his sentence is denied.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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