DocketNumber: No. 2016-KH-0529
Citation Numbers: 221 So. 3d 842, 2017 La. LEXIS 1301, 2017 WL 2609622
Judges: Genovese
Filed Date: 6/16/2017
Status: Precedential
Modified Date: 10/19/2024
| ^Denied. Relator fails to demonstrate any error in the court of appeal’s ruling. 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 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 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.