2020-KP-00794 Precedential Writ application denied. Processed

State Of Louisiana v. Brandon Leboeuf

Louisiana Supreme Court · Filed June 1, 2021

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Opinion text

Supreme Court of Louisiana
June 01, 2021
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE OF LOUISIANA
VS.
BRANDON LEBOEUF
No. 2020-KP-00794
_ _
_ _ _ _
I
N RE: Brandon LeBoeuf - Applicant Defendant; Applying For Supervisory Writ,
Parish of East Baton Rouge, 19th Judicial District Court Number(s) 07-04-0491, 1st
Circuit Court of Appeal, Number(s) 2020 KW 0107;
_ _ _ _ _ _
June 01, 2021
Writ application denied. See per curiam.
JBM
JLW
JDH
SJC
JTG
WJC
PDG
06/01/2021 "See News Release 024 for any Concurrences and/or Dissents."

06/01/21
S
UPREME COURT OF LOUISIANA
No
. 20-KP-0794
S
TATE OF LOUISIANA
v.
B
RANDON LeBOUEF
O
N SUPERVISORY WRITS TO THE NINETEENTH
JUDICIAL DISTRICT COURT, PARISH OF EAST BATON ROUGE
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 review. T he
district court is ordered to record a minute entry consistent with this per curiam.