2019-KH-01992 Precedential Writ application denied. Processed

Clerk of Court For the Court State Of Louisiana, Ex Rel., Daylan Bradstreet v. Darrel Vannoy, Warden, Louisiana State Penitentiary

Louisiana Supreme Court · Filed August 14, 2020

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Opinion text

The Supreme Court of the State of Louisiana
Clerk of Court
For the Court
STATE OF LOUISIANA, EX REL., DAYLAN
BRADSTREET
VS.
DARREL VANNOY, WARDEN, LOUISIANA
STATE PENITENTIARY
No.2019-KH-01992
_ _ _ _ _ _
IN RE: Daylan Bradstreet - Applicant Plaintiff; Applying For Supervisory Writ,
Parish of Jefferson, 24th Judicial District Court Number(s) 14 -1201, Court of
Appeal, Fifth Circuit, Number(s) 19-KH-392;
_ _ _ _ _ _
August 14, 2020
Writ application denied. See per curiam.
BJJ
JLW
JDH
SJC
JTG
WJC
JHB
Supreme Court of Louisiana
August 14, 2020
08/14/2020 "See News Release 029 for any Concurrences and/or Dissents."

08/14/20
S
UPREME COURT OF LOUISIANA
No
. 19-KH-1992
STA
TE OF LOUISIANA EX REL. DAYLAN BRADSTREET
v.
DARRE
L VANNOY, WARDEN
O
N SUPERVISORY WRITS TO THE TWENTY-FOURTH
JUDICIAL DISTRICT COURT, PARISH OF JEFFERSON
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 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 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 mandat ory. 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 state collateral review. The
district court is ordered to record a minute entry consistent with this per curiam.