State of Louisiana v. Samuel Lee Hamilton, Jr.

Summary

The Louisiana Court of Appeal, First Circuit denied Samuel Lee Hamilton, Jr.’s application for supervisory writs. The court held that his challenge based on Ramos v. Louisiana was untimely because his conviction and sentence were final before Ramos, he had not established an exception to the post-conviction filing deadline, and the deadlines for related post-verdict motions had expired.

Holdings

1. Ramos v. Louisiana is not retroactive in Louisiana, and a relator whose conviction and sentence were final before Ramos must establish a statutory exception to the post-conviction time limitation to proceed.
2. A sufficiency-of-the-evidence challenge is untimely as a request for post-conviction relief when the Article 930.8 period and the deadlines for motions for new trial and post-verdict judgment of acquittal have expired.

Questions Presented

1. Whether Hamilton's post-conviction challenge based on the rule announced in Ramos v. Louisiana was timely and available when his conviction and sentence were final before Ramos.
2. Whether Hamilton could obtain post-conviction review of his sufficiency-of-the-evidence challenge after the deadlines for a motion for new trial and a motion for post-verdict judgment of acquittal had expired.

Disposition

writ_denied