State Of Louisiana v. Arthur Basaldua

Supreme Court of Louisiana
May 25, 2021
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE OF
LOUISIANA VS.
ARTHUR BASALDUA
No. 2021-KH-00038
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I
N RE: Arthur Basaldua - Applicant Defendant; Applying for Reconsideration,
Parish of Iberia, 16th Judicial District Court Number(s) 04-1992,07-1035, Court of
Appeal, Third Circuit, Number(s) KH 19-00285;
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May 25, 2021
Application for reconsideration granted. Writ application denied - See per curiam.
JDH
JLW
SJC
JTG
WJC
JBM
PDG
Type text here
05/25/2021 "See News Release 023 for any Concurrences and/or Dissents."

SUPREME COURT OF LOUISIANA
No. 21-KH-0038
STATE OF LOUISIANA
v.
ARTHUR BASALDUA
ON SUPERVISORY WRITS TO THE SIXTEENTH
JUDICIAL DISTRICT COURT, PARISH OF IBERIA
PER CURIAM:
Reconsideration granted. Writ denied. Applicant does not identify an illegal
term in his sentence, and therefore, his filing is properly construed as an
application for post -conviction relief. See State v. Parker , 98 -0256 (La. 5/8/98),
711 So.2d 694. As such, it is subject to the time limitation set forth in La.C.Cr.P.
art. 930.8. 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 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 the filing of a second or suc cessive
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
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successive ap plication applies, relator has exhausted his right to state collateral
review. The district court is ordered to record a minute entry consistent with this
per curiam.