State Of Louisiana v. Helen Burns

Supreme Court of Louisiana
January 12, 2022
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE OF LOUISIANA
VS.
HELEN BURNS
No. 2021-KH-01273
_ _ _ _
_ _
IN R
E: Helen Burns - Applicant Defendant; Applying For Supervisory Writ, Parish
of St. Tammany, 22nd Judicial District Court Number(s) 255,875, Court of Appeal,
First Circuit, Number(s) 2021 KW 0450;
_ _ _ _ _ _
January 12, 2022
Writ application denied. See per curiam.
Griffin, J., would grant.
Weimer, C. J., recused.
WJC
JDH
SJC
JTG
JBM
01/12/2022 "See News Release 002 for any Concurrences and/or Dissents."

S
UPREME COURT OF LOUISIANA
No
. 21-KH-1273
S
TATE OF LOUISIANA
v.
HELEN
BURNS
O
N SUPERVISORY WRITS TO THE TWENTY-SECOND
JUDICIAL DISTRICT COURT, PARISH OF ST. TAMMANY
PE
R CURIAM:
D
enied. The application was not timely filed in the district court, and
applicant fails to carry her 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 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 she can show that one of the narrow exceptions authorizing the filing of a
successive application applies, applicant has exhausted her right to state collateral
review. The di strict court is ordered to record a minute entry consistent with this
per curiam.
01/12/22