State ex rel. Foy v. State
This text of 187 So. 3d 997 (State ex rel. Foy 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.
Opinion
| denied. Relator is not eligible for parole. See Bosworth v. Whitley, 627 So.2d 629 (La.1998).
Relator has now fully litigated at least two substantive applications for post-conviction relief in state court. Similar to federal habeas relief, see 28 Ü.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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Cite This Page — Counsel Stack
187 So. 3d 997, 2016 WL 1314368, 2016 La. LEXIS 769, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-foy-v-state-la-2016.