DocketNumber： No. 2016-KH-0736
Citation Numbers： 221 So. 3d 47, 2017 La. LEXIS 1242, 2017 WL 2436843
Filed Date： 6/5/2017
Status： Precedential
Modified Date： 10/19/2024
11 Denied. Relator fails to satisfy his post-conviction burden of proof. La.C.Cr.P. art. 930.2.
Relator has now fully litigated his 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. Acts 251 amended La.C.Cr.P. art. 930.4 to make the procedural bars against successive filings mandatory. Relator’s claims have now been fully litigated in state collateral proceedings in accord with La. C.Cr.P. art. 930.6, and this denial is 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.