STATE v. HAYES

20-73.

326 So.3d 934 (2021)

STATE of Louisiana v. Matthew Tyler HAYES.

Court of Appeal of Louisiana, Third Circuit.

August 4, 2021.


Attorney(s) appearing for the Case

Annette Roach , Attorney at Law, 724 Moss Street, Lake Charles, Louisiana 70601, (337) 436-3384, P. O. Box 1123, COUNSEL FOR RELATOR: MATTHEW TYLER HAYES.

Stephen C. Dwight , District Attorney, Calcasieu Parish , Ross Murray , Elizabeth B. Hollins , Assistant District Attorneys, 901 Lakeshore Drive, Suite 800, Lake Charles, Louisiana 70601, (337) 437-3400, COUNSEL FOR RESPONDENT: STATE OF LOUISIANA.

Court composed of Elizabeth A. Pickett, Billy Howard Ezell, and Jonathan W. Perry, Judges.


In this criminal case, we are asked to address a res nova question of whether an application for post-conviction relief timely filed while a defendant is in custody can be denied on procedural grounds because the defendant is no longer in custody at the time his application is heard. The trial court, relying upon this procedural ground...

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