Clerk of Court For the Court State Of Louisiana v. Cordell Shivers

The Supreme Court of the State of Louisiana
Clerk of Court
For the Court
STATE OF LOUISIANA
VS.
CORDELL SHIVERS
No.2020-KH-00559
_ _ _ _ _ _
IN RE: Cordell Shivers - Applicant Defendant; Applying For Supervisory Writ,
Parish of Caddo, 1st Judicial District Court Number(s) 248,800, Court of Appeal,
Second Circuit, Number(s) 53,510-KH;
_ _ _ _ _ _
October 06, 2020
Writ application denied. See per curiam.
JHB
BJJ
JLW
JDH
SJC
JTG
WJC
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-0559
S
TATE OF LOUISIANA
v.
CO
RDELL SHIVERS
O
N SUPERVISORY WRITS TO THE FIRST
JUDICIAL DISTRICT COURT, PARISH OF CADDO
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 appli cation 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 re view. The
district court is ordered to record a minute entry consistent with this per curiam.