State ex rel. Moore v. State

192 So. 3d 725, 2016 WL 3128799, 2016 La. LEXIS 979
CourtSupreme Court of Louisiana
DecidedApril 22, 2016
DocketNo. 2015-KH-1186
StatusPublished

This text of 192 So. 3d 725 (State ex rel. Moore 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. Moore v. State, 192 So. 3d 725, 2016 WL 3128799, 2016 La. LEXIS 979 (La. 2016).

Opinion

PER CURIAM.

|,WRIT NOT CONSIDERED. Untimely filed pursuant to La.S.Ct. Rule X § 5.

Relator has now exhausted his right to obtain post-conviction relief in state court. Similar to federal habeas relief, see 28 [726]*726U.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 has filed an application for post-conviction relief in the District Court, and the District Court’s ruling denying relief is now 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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Related

§ 2244
726 U.S.C. § 2244
§ 2244
26 U.S.C. § 2244

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Bluebook (online)
192 So. 3d 725, 2016 WL 3128799, 2016 La. LEXIS 979, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-moore-v-state-la-2016.