State v. Thibodaux , 261 So. 3d 773 ( 2019 )


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  • PER CURIAM:

    Denied. Relator's guilty plea waived all non-jurisdictional defects in the proceedings leading to her conviction. State v. Crosby , 338 So.2d 584, 586 (La. 1976).

    Relator has now fully litigated her 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 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. Acts 251 amended that article to make the procedural bars against successive filings mandatory. Relator's claims have now been fully litigated in accord with La.C.Cr.P. art. 930.6, and this denial is final. Hereafter, unless she can show that one of the narrow exceptions authorizing the filing of a successive application applies, relator has exhausted her right to state collateral review. The district court is ordered to record *774a minute entry consistent with this per curiam.

Document Info

Docket Number: No. 2017-KP-1452

Citation Numbers: 261 So. 3d 773

Filed Date: 1/18/2019

Precedential Status: Precedential

Modified Date: 7/29/2022