State v. Hess

Supreme Court of Louisiana

State v. Hess

225 So. 3d 473, 2017 La. LEXIS 1935, 2017 WL 4105874

CourtSupreme Court of Louisiana

DecidedSeptember 15, 2017

DocketNo. 2016-KP-0780

StatusPublished

This text of 225 So. 3d 473 (State v. Hess) 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 v. Hess, 225 So. 3d 473, 2017 La. LEXIS 1935, 2017 WL 4105874 (La. 2017).

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Opinion

ON SUPERVISORY WRITS TO THE TWENTY-FIFTH JUDICIAL DISTRICT COURT, PARISH OF PLAQUEMINES

PER CURIAM:

I ¶ Denied. Relator fails to show entitlement to the DNA testing requested. La. C.Cr.P. art. 926.1.

Relator has now fully litigated several applications 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 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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ON SUPERVISORY WRITS TO THE TWENTY-FIFTH JUDICIAL DISTRICT COURT, PARISH OF PLAQUEMINES

PER CURIAM:

I ¶ Denied. Relator fails to show entitlement to the DNA testing requested. La. C.Cr.P. art. 926.1.

Relator has now fully litigated several applications 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 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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Bluebook (online)

225 So. 3d 473, 2017 La. LEXIS 1935, 2017 WL 4105874, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-hess-la-2017.

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