Clerk of Court For the Court State Of Louisiana v. Danny Homola

The Supreme Court of the State of Louisiana
Clerk of Court
For the Court
STATE OF LOUISIANA
VS.
DANNY HOMOLA
No.2020-KH-00319
_ _ _ _ _ _
IN RE: Danny Homola - Applicant Defendant; Applying For Supervisory Writ,
Parish of St. Tammany, 22nd Judicial District Court Number(s) 414486, Court of
Appeal, First Circuit, Number(s) 2019 KW 1351;
_ _ _ _ _ _
October 06, 2020
Writ application denied. See per curiam.
SJC
BJJ
JLW
JDH
JTG
WJC
JHB
Supreme Court of Louisiana
October 06, 2020
10/06/2020 "See News Release 037 for any Concurrences and/or Dissents."

10/06/20
S
UPREME COURT OF LOUISIANA
No
. 20-KH-0319
S
TATE OF LOUISIANA
v.
DANNY H
OMOLA
O
N SUPERVISORY WRITS TO THE TWENTY-SECOND
JUDICIAL DISTRICT COURT, PARISH OF ST. TAMMANY
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 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 review. The district
court is ordered to record a minute entry consistent with this per curiam.