State ex rel. Citizen v. State

Supreme Court of Louisiana

State ex rel. Citizen v. State

182 So. 3d 959, 2016 La. LEXIS 51, 2016 WL 229186

CourtSupreme Court of Louisiana

DecidedJanuary 15, 2016

DocketNo. 2015-KH-0562

StatusPublished

This text of 182 So. 3d 959 (State ex rel. Citizen v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State ex rel. Citizen v. State, 182 So. 3d 959, 2016 La. LEXIS 51, 2016 WL 229186 (La. 2016).

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Opinion

PER CURIAM.

| ¡Denied. Relator’s filing is properly construed as an application for post-conviction relief. La.C.Cr.P. art. 559; State v. Tran, 00-2471 (La.6/1/01), 793 So.2d 172. As such, it is subject to the time limitation set forth in La.C.Cr.P. art. 930.8. Relator’s application was not timely filed in the district court, and he 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. In addition, relator’s claim is repetitive. La.C.Cr.p. art. 930.4.

Relator has now fully litigated numerous applications 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 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.

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PER CURIAM.

| ¡Denied. Relator’s filing is properly construed as an application for post-conviction relief. La.C.Cr.P. art. 559; State v. Tran, 00-2471 (La.6/1/01), 793 So.2d 172. As such, it is subject to the time limitation set forth in La.C.Cr.P. art. 930.8. Relator’s application was not timely filed in the district court, and he 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. In addition, relator’s claim is repetitive. La.C.Cr.p. art. 930.4.

Relator has now fully litigated numerous applications 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 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.

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Bluebook (online)

182 So. 3d 959, 2016 La. LEXIS 51, 2016 WL 229186, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-citizen-v-state-la-2016.

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