State Of Louisiana v. Oliver Maize

Supreme Court of Louisiana
June 08, 2021
Second Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE OF LOUISIANA
VS.
OLIVER MAIZE
No.2021-KH-00416
_ _
_ _ _ _
IN
RE: Oliver Maize - Applicant Defendant; Applying For Supervisory Writ, Parish
of Terrebonne, 32nd Judicial District Court Number(s) 186- 408, Court of Appeal,
First Circuit, Number(s) 2020 KW 1346;
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June 08, 2021
Writ application denied. See per curiam.
W
eimer, C. J., recused.
PDG
JDH
SJC
JTG
WJC
JBM
06/08/2021 "See News Release 025 for any Concurrences and/or Dissents."

Weimer, C.J., recused
SUPREME COURT OF LOUISIANA
No. 21-KH-0416
STATE OF LOUISIANA
v.
OLIVER MAISE
ON SUPERVISORY WRITS TO THE THIRTY-SECOND
JUDICIAL DISTRICT COURT, PARISH OF TERREBONNE
PER CURIAM: *
Denied. 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 no w 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 co llateral review. The
district court is ordered to record a minute entry consistent with this per curiam.
06/08/21