2020-KH-00183 Precedential Writ application denied. Processed

Clerk of Court For the Court State Of Louisiana v. Ronald Braud, Et Al.

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
VS.
RONALD BRAUD, ET AL.
No.2020-KH-00183
_ _ _ _ _ _
IN RE: Ronald Braud - Applicant Defendant; Floyd Tyler - Applicant Defendant;
Applying For Supervisory Writ, Parish of Orleans, Criminal District Court
Number(s) 268-294;
_ _ _ _ _ _
August 14, 2020
Writ application denied. See per curiam.
WJC
BJJ
JLW
JDH
JTG
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
. 20-KH-0183
S
TATE OF LOUISIANA
v.
RO
NALD BRAUD, ET AL
O
N SUPERVISORY WRITS TO THE CRIMINAL
DISTRICT COURT, PARISH OF ORLEANS
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 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 state collateral revi ew. The
district court is ordered to record a minute entry consistent with this per curiam.