State Of Louisiana v. Justin Millet
State Of Louisiana v. Justin Millet, No. 2021-KH-00391 (La. May 11, 2021).
Authorities cited
Identified automatically; this list may not be exhaustive.
- State Ex Rel. Melinie v. State 665 So. 2d 1172
Opinion text
Supreme Court of Louisiana
May 11, 2021
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE OF LOUISIANA
VS.
JUSTIN MILLET
No. 2021-KH-00391
_ _
_ _ _ _
I
N RE: Justin Millet - Applicant Defendant; Applying For Supervisory Writ, Parish
of East Baton Rouge, 19th Judicial District Court Number(s) 18 -18-0573, Court of
Appeal, First Circuit, Number(s) 2020 KW 1153;
_ _ _ _ _ _
May 11, 2021
Writ application denied. See per curiam.
JDH
JLW
SJC
JTG
WJC
JBM
PDG
05/11/2021 "See News Release 019 for any Concurrences and/or Dissents."
05/11/21
S
UPREME COURT OF LOUISIANA
No
. 21-KH-0391
S
TATE OF LOUISIANA
v.
J
USTIN MILLET
O
N SUPERVISORY WRITS TO THE NINETEENTH
JUDICIAL DISTRICT COURT, PARISH OF EAST BATON ROUGE
PE
R CURIAM:
D
enied. Applicant’s sentencing claim is not cognizable on collateral review.
La.C.Cr.P. art. 930.3; State ex rel. Melinie v. State , 93 -1380 (La. 1/12/96), 665
So.2d 1172.
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. The
district court is ordered to record a minute entry consistent with this per curiam.