State ex rel. Hampton v. State
This text of 221 So. 3d 47 (State ex rel. Hampton 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
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.
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Cite This Page — Counsel Stack
221 So. 3d 47, 2017 WL 2436843, 2017 La. LEXIS 1242, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-hampton-v-state-la-2017.