State Of Louisiana v. Willie Thornton ( 2023 )

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STATE OF LOUISIANA NO. 2023 KW 0866
VERSUS
WILLIE THORNTON OCTOBER 23, 2023
In Re: Willie Thornton, applying for supervisory writs, 19th
Judicial District Court, Parish of East Baton Rouge,
No. 11- 15- 0180.
BEFORE: WELCH, HOLDRIDGE, AND WOLFE, JJ.
WRIT DENIED. The exception to the procedural bar and time
limitation set forth in La. Code Crim. P. arts. 930. 4 and 930. 8
shall apply only to a substantive claim of factual innocence and
shall not apply to any other claims raised by the petitioner.
See La. Code Crim. P. arts. 926. 2( A) & ( B) . Relator failed to
meet his burden of proof on his factual innocence claim.
Therefore, his application for postconviction relief is subject
to the time delay set forth in Article 930. 8. See La. Code
Crim. P. art. 926. 2 ( A) . If an application for postconviction
relief is untimely under Article 930. 8, it should not be
considered on the merits. See State v. LeBlanc, 2006- 0169 ( La.
9/ 15/ 06) , 937 So. 2d 844 ( per curiam) . Furthermore, relator has
exhausted his right to state collateral review. See State v.
Thornton, 2022- 00074 ( La. 4/ 5/ 22), 335 So. 3d 246 ( per curiam).
JEW
GH
EW
COURT OF APPEAL, FIRST CIRCUIT