State Of Louisiana v. J Oshua Dan Mcguffie

Supreme Court of Louisiana
November 17, 2021
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE OF LOUISIANA
VS.
J
OSHUA DAN MCGUFFIE
No. 2021-KH-01142
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_
IN RE: Jo
shua Dan McGuffie - Applicant Defendant; Applying For Supervisory
Writ, Parish of Caddo, 1st Judicial District Court Number(s) 232,358, Court of
Appeal, Second Circuit, Number(s) 54,075-KH;
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November 17, 2021
Writ application denied. See per curiam.
JTG
JLW
JDH
SJC
WJC
JBM
PDG
11/17/2021 "See News Release 045 for any Concurrences and/or Dissents."

SUPREME COURT OF LOUISIANA
No. 21-KH-1142
STATE OF LOUISIANA
v.
JOSHUA DAN McGUFFIE
ON SUPERVISORY WRITS TO THE FIRST
JUDICIAL DISTRICT COURT, PARISH OF CADDO
PER CURIAM:
Denied. 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 i n 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 coll ateral
review. The district court is ordered to record a minute entry consistent with this
per curiam.
11/17/21