2019-KH-01512 Precedential Writ application denied. Processed

State Of Louisiana v. J Ames Richard Eley

Louisiana Supreme Court · Filed July 24, 2020

Opinion text

Supreme Court of Louisiana
July 24, 2020
Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE OF LOUISIANA
VS.
J
AMES RICHARD ELEY
No.2019-KH-01512
_ _
_ _ _ _
I
N RE: James Richard Eley - Applicant Defendant; Applying For Supervisory Writ,
Parish of St. Tammany, 22nd Judicial District Court Number(s) 523,565, Court of
Appeal, First Circuit, Number(s) 2019 KW 0541;
_ _ _ _ _ _
July 24, 2020
Writ application denied. See per curiam.
JHB
JLW
JDH
SJC
JTG
WJC
07/24/2020 "See News Release 027 for any Concurrences and/or Dissents."

07/24/20
S
UPREME COURT OF LOUISIANA
No
. 19-KH-1512
S
TATE OF LOUISIANA
v.
J
AMES RICHARD ELEY
O
N SUPERVISORY WRITS TO THE TWENTY-SECOND
JUDICIAL DISTRICT COURT, PARISH OF ST. TAMMANY
PE
R CURIAM:
D
enied. Applicant fails to show any lower court error in denying relief.
Applicant has now fully litigated his application 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 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 m ake 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 f iling of a successive application
applies, applicant has exhausted his right to state collateral review. The district
court is ordered to record a minute entry consistent with this per curiam.