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Laws-info.com » Cases » Louisiana » Louisiana Supreme Court » 1999 » 98-KH-3106 STATE EX REL CLAUDE E. WOODS v. STATE OF LOUISIANA
98-KH-3106 STATE EX REL CLAUDE E. WOODS v. STATE OF LOUISIANA
State: Louisiana
Court: Supreme Court
Docket No: 98-KH-3106
Case Date: 01/01/1999
Preview:SUPREME COURT OF LOUISIANA No. 98-KH-3106 STATE OF LOUISIANA v. CLAUDE WOODS On Writ of Certiorari to the 20th Judicial District Court PER CURIAM:* Writ granted. Although in some extreme cases of abuse

courts may exercise their inherent authority and require indigent inmates to seek permission before filing, or may withdraw in forma pauperis status from them, even if they are challenging their convictions or confinement, see In re Anderson, 511 U.S. 364, 366, 114 S.Ct. 1606, 1607-08, 128 L.Ed.2d 332 (1994); Howard v. Sharpe, 266 Ga. 771, 470 S.E.2d 678, 680 (1996); Cotner v. Creek County District Court, 911 P.2d 1215, 1222 (Okl. Cr. App. 1996), the task of limiting an inmate's ability to file repetitive or frivolous criminal pleadings within the limits allowed by constitutional principles protecting access to the courts falls principally to the legislature, which has enacted the procedural provisions of La.C.Cr.P. art. 924 et seq. to govern postconviction challenges. If faced with apparently frivolous,

repetitive, or untimely inmate criminal pleadings, courts should accept, file, and consider the pleadings and then apply these statutory procedural bars as appropriate rather than create their own bars by means of court rule or ad hoc order. Because

relator's history of filing as reflected in the district court order, this Court's records, and appellate reporters does not rise to an extreme level warranting the district court's restrictive order, that court is ordered to accept, file, and

*

Marcus, J., not on panel.

See Rule IV, Part II,
Download 98-KH-3106 STATE EX REL CLAUDE E. WOODS v. STATE OF LOUISIANA.pdf

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