State ex rel. O'Jenkins v. State
This text of 175 So. 3d 391 (State ex rel. O'Jenkins 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
|,Not considered; not timely filed. See La.S.Ct. Rule X, § 5(a).
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.
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Cite This Page — Counsel Stack
175 So. 3d 391, 2015 La. LEXIS 1936, 2015 WL 5671159, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-ojenkins-v-state-la-2015.