State ex rel. Bradley v. State , 2017 La. LEXIS 1149 ( 2017 )


Menu:
  • PER CURIAM:

    11 Denied. The application was not timely filed in the district court, and relator fails to carry his burden to show that an exception applies. La.C.Cr.P. art. 930.8; State ex rel. Glover v. State, 93-2330 (La. 9/5/95), 660 So.2d 1189. We attach hereto and make a part hereof the district court’s written reasons for judgment.

    Relator has now fully litigated at least one application for post-conviction relief in state court. Similar to federal habeas relief, see 28 U.S.C. § 2244, Louisiana post-conviction procedure envisions the filing of a second or successive application only under the narrow circumstances provided in La.C.Cr.P. art. 930.4 and within the limitations period as set out in La.C.Cr.P. art. 930.8. Notably, the Legislature in 2013 La. *720Acts 251 amended that article to make the procedural bars against successive filings mandatory. Relator has filed an application for post-conviction relief in the district court, and the district court’s ruling denying relief is now final. Hereafter, unless he can show that one of the narrow exceptions authorizing the filing of a successive application applies, relator has exhausted his right to state collateral review. The district court is ordered to record a minute entry consistent with this per curiam.

    1 ¡.Attachment

    *721[[Image here]]
    *722[[Image here]]
    *723[[Image here]]

Document Info

Docket Number: No. 2016-KH-0446

Citation Numbers: 220 So. 3d 719, 2017 WL 2303322, 2017 La. LEXIS 1149

Filed Date: 5/26/2017

Precedential Status: Precedential

Modified Date: 10/19/2024