Carlos Berroa-reyes v. State Of Louisiana

Supreme Court of Louisiana
March 09, 2021
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
CARLOS BERROA-REYES
VS.
STATE OF LOUISIANA
No.2020-KH-00287
_ _ _ _
_ _
IN R
E: Carlos Berroa-Reyes - Applicant Defendant; Applying For Supervisory Writ,
Parish of Jefferson, 24th Judicial District Court Number(s) 11- 1659, Court of
Appeal, Fifth Circuit, Number(s) 19-KH-556;
_ _ _ _ _ _
March 09, 2021
Writ application denied. See per curiam.
SJC
JLW
JDH
JTG
WJC
JBM
PDG
03/09/2021 "See News Release 009 for any Concurrences and/or Dissents."

03/09/21
S
UPREME COURT OF LOUISIANA
No
. 20-KH-0287
S
TATE OF LOUISIANA
v.
CARL
OS BERROA-REYES
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 provi ded 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 review. The
district court is ordered to record a minute entry consistent with this per curiam.