State v. Parker
| Decision Date | 08 May 1998 |
| Citation | 711 So.2d 694 |
| Parties | 98-0256 La |
| Court | Louisiana Supreme Court |
Writ granted: conviction for second degree murder and sentence of life imprisonment at hard labor without benefit of parole, probation, or suspension of sentence for 40 years reinstated. Because Parker's filing below did not point to a claimed illegal term in his sentence, he did not raise a claim cognizable in a motion to correct an illegal sentence. Instead, he raised a claim of trial error properly cognizable in an application for post-conviction relief if at all. Accordingly, the "at any time" language of La.C.Cr.P. art. 882 does not apply to Parker's filing and the three-year prescriptive period of La.C.Cr.P. art. 930.8 applies instead. See State ex rel. Stepter v. Whitley, 93-2346 (La.10/13/95), 661 So.2d 480. Further, because Parker's late realization that an error may have occurred at trial does not qualify as the discovery of a new fact for purposes of the exception set out in La.C.Cr.P. art. 930.8(A), cf. R.S. 14:17; La.C.C. art. 5, Parker's application arrived before the district court untimely.
In any event, because evidence adduced at trial more than amply supported the verdict returned, Parker's claim fails on the merits. State v. Dauzat, 392 So.2d 393, 396 (La.1980). Finally, trial counsel failed to object to jury instructions, responsive verdict forms, or verdict, and so waived any claim. State ex rel. Elaire v. Blackburn, 424 So.2d 246, 251-52 (La.1982).
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State v. Mack, No. 08-487 (La. App. 11/5/2008), 08-487.
...the applicable sentencing statutes may be raised in a motion to correct an illegal sentence. See State v. Parker, 98-0256 (La.5/8/98); 711 So.2d 694, 695; State ex rel. Stepter v. Whitley, 93-2346 (La.10/13/95), 661 So.2d In the instant matter, the Defendant was sentenced to four years at h......
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State v. Magee
...of an allegedly erroneous jury instruction, verdict form, or verdict. See La. C.Cr.P. arts. 801(C), 841(A); State v. Parker, 98-0256 (La. 5/8/98), 711 So.2d 694, 695 (per curiam); State v. Jackson, 2006-1904 (La. App. 1st Cir. 3/23/07), 960 So.2d 170, 173, writ denied, 2007-1026 (La. 11/16/......
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State v. Mead
... ... Alexander, 140401, p. 1 (La.11/7/14), 152 So.3d 137, 137 (per curiam) (citing State v. Parker, 980256, p. 1 (La.5/8/98), 711 So.2d 694, 695 (per curiam)) ([U]nless a pleading captioned as a motion to correct illegal sentence points to a claimed illegal term in the petitioner's sentence, it is not cognizable under [Article] 882.) (punctuation omitted). See also State v. Perkins, 080078, p ... ...
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Guidry v. Beauregard Elec. Coop., Inc.
...inclusion or exclusion of an issue or item on a verdict form has long been held to constitute a waiver of the claim. State v. Parker, 98–256 (La.5/8/98), 711 So.2d 694. We have not found any case directly on point but see no reason to relieve Federated of this duty. While it may be difficul......