STATE v. JAMES (2020)

Writ granted; conviction reinstated. Respondent's application for post-conviction relief was untimely. La.C.Cr.P. art. 930.8; State ex rel. Glover v. State, 93-2330 (La. 9/5/95), 660 So.2d 1189. The decision in Seals v. McBee, 898 F.3d 587 (5th Cir. 2018) is persuasive authority but is not binding on state courts. See State v. Penns, 99-2916 (La. 12/20/99), 758 So.2d 776, 777–78. As such, that decision did not constitute a final ruling of an appellate court “applicable to [respondent's] case,” as required by the time limitations exception set forth at La.C.Cr.P. art. 930.8(A)(2). The court of appeal's ruling is reversed, the district court's denial of respondent's application for post-conviction relief as untimely is reinstated.

PER CURIAM: