State Of Louisiana v. Marcus Dewayne Wilhite

Supreme Court of Louisiana
July 17, 2020
Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE OF LOUISIANA
VS.
MARCUS DEWAYNE WILHITE
No.2019-KH-01062
_ _
_ _ _ _
IN
RE: Marcus Dewayne Wilhite - Applicant Defendant; Applying For Supervisory
Writ, Parish of Ouachita, 4th Judicial District Court Number(s) 99-F-0910, Court of
Appeal, Second Circuit, Number(s) 52,837-KH;
_ _ _ _ _ _
July 17, 2020
Writ application denied. See per curiam.
Hughes, J., would grant.
JTG
JLW
SJC
WJC
JHB
07/17/2020 "See News Release 026 for any Concurrences and/or Dissents."

07/17/20
S
UPREME COURT OF LOUISIANA
No
. 19-KH-1062
S
TATE OF LOUISIANA
v.
MARCUS
DEWAYNE WILHITE
O
N SUPERVISORY WRITS TO THE FOURTH
JUDICIAL DISTRICT COURT, PARISH OF OUACHITA
PE
R CURIAM:
D
enied. The application was not timely filed in the district court, and
applicant fails to carry his burden 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.
Applicant has now fully litigated multiple 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. Applicant’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, applicant has exhausted his right to sta te collateral
review. The district court is ordered to record a minute entry consistent with this
per curiam.