State ex rel. Darensbourg v. State

Supreme Court of Louisiana

State ex rel. Darensbourg v. State

183 So. 3d 496, 2015 La. LEXIS 2397, 2015 WL 7211172

CourtSupreme Court of Louisiana

DecidedNovember 16, 2015

DocketNo. 2015-KH-0263

StatusPublished

This text of 183 So. 3d 496 (State ex rel. Darensbourg 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. Darensbourg v. State, 183 So. 3d 496, 2015 La. LEXIS 2397, 2015 WL 7211172 (La. 2015).

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Opinion

PER CURIAM.

h Denied. Relator has not identified an illegal term in his sentence, and therefore, his filing is properly construed as an appli[497]*497cation for post-conviction relief. See State v. Parker, 98-0256 (La.5/8/98), 711 So.2d 694. 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 has failed 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.

Relator has now filed and fully litigated four applications for post-conviction relief in the state court. Similar to federal habe-as 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.

h Denied. Relator has not identified an illegal term in his sentence, and therefore, his filing is properly construed as an appli[497]*497cation for post-conviction relief. See State v. Parker, 98-0256 (La.5/8/98), 711 So.2d 694. 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 has failed 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.

Relator has now filed and fully litigated four applications for post-conviction relief in the state court. Similar to federal habe-as 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)

183 So. 3d 496, 2015 La. LEXIS 2397, 2015 WL 7211172, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-darensbourg-v-state-la-2015.

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