State ex rel. Washington v. State

Supreme Court of Louisiana

State ex rel. Washington v. State

182 So. 3d 945, 2016 La. LEXIS 6, 2016 WL 228201

CourtSupreme Court of Louisiana

DecidedJanuary 8, 2016

DocketNo. 2015-KH-0517

StatusPublished

This text of 182 So. 3d 945 (State ex rel. Washington 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. Washington v. State, 182 So. 3d 945, 2016 La. LEXIS 6, 2016 WL 228201 (La. 2016).

Pincite

Opinion

PER CURIAM.

| denied. The application was not timely filed in the district court, and relator fails to ‘carry his búrden 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 fully litigated three applications for post-cónviction relief in state court. Similar to federal habea's relief, see 28 U.S.C. § 2244, Louisiana postconviction 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.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

| denied. The application was not timely filed in the district court, and relator fails to ‘carry his búrden 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 fully litigated three applications for post-cónviction relief in state court. Similar to federal habea's relief, see 28 U.S.C. § 2244, Louisiana postconviction 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.

Cite This Page — Counsel Stack

Bluebook (online)

182 So. 3d 945, 2016 La. LEXIS 6, 2016 WL 228201, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-washington-v-state-la-2016.

Opinion

Related

Cite This Page — Counsel Stack