Background
Karsten Keelen applied for supervisory review of proceedings in the 19th Judicial District Court for East Baton Rouge Parish. The underlying district-court case was docketed as No. 02-96-0476.
Keelen sought review of a motion treated as an application for post-conviction relief. The appellate court’s brief writ disposition does not identify the motion’s substantive claims.
The Court’s Holding
The Louisiana First Circuit denied the writ. It held that Keelen’s motion was untimely for purposes of post-conviction relief under Louisiana Code of Criminal Procedure article 930.8(A) and that he failed to prove an exception to the statutory time limit.
Citing State v. LeBlanc, 2006-0169 (La. 9/15/06), 937 So. 2d 844 (per curiam), the court explained that an application untimely under article 930.8 should not be considered on the merits.
Key Takeaways
- Louisiana’s statutory deadline for post-conviction relief barred Keelen’s motion.
- The applicant did not carry his burden of establishing an exception to the time limitation.
- Because the application was untimely, the court did not consider its merits.
Why It Matters
The ruling reinforces that Louisiana courts must address article 930.8’s timeliness requirement before reaching the substance of a post-conviction application. An applicant filing outside the statutory period must prove that a recognized exception applies.