Mike Alvarez v. State Of Louisiana

Supreme Court of Louisiana
March 16, 2021
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
MIKE ALVAREZ
VS.
STATE OF LOUISIANA
No.2020-KP-01006
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I
N RE: Mike Alvarez - Applicant Plaintiff; Applying For Supervisory Writ, Parish
of Jefferson, 24th Judicial District Court Number(s) 07-2136, Court of Appeal, Fifth
Circuit, Number(s) 20-KH-126;
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March 16, 2021
Writ application denied. See per curiam.
WJC
JLW
SJC
JTG
JBM
PDG
03/16/2021 "See News Release 010 for any Concurrences and/or Dissents."

SUPREME COURT OF LOUISIANA
No. 20-KP-1006
STATE OF LOUISIANA
v.
MIKE ALVAREZ
ON SUPERVISORY WRITS TO THE TWENTY-FOURTH
JUDICIAL DISTRICT COURT, PARISH OF JEFFERSON
PER CURIAM:
Denied. Applicant fails to satisfy hi s post -conviction burden of
proof. La.C.Cr.P. art. 930.2.
Applicant has now fully litigated two applications for post -conviction relief
in state court. Similar to federal habeas relief, see 28 U.S.C. § 2244, Louisiana
post-conviction procedure envisions th e 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 t o 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 th e 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.
03/16/21