State Of Louisiana v. Trent Anthony Miller A/k/a Trent Miller
State Of Louisiana v. Trent Anthony Miller A/k/a Trent Miller, No. 2021-KH-01847 (La. Apr. 20, 2022).
Authorities cited
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- State Ex Rel. Glover v. State 660 So. 2d 1189
Opinion text
Supreme Court of Louisiana
April 20, 2022
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE OF LOUISIANA
VS.
TRENT ANTHONY MILLER A/K/A
TRENT MILLER
No. 2021-KH-01847
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I
N RE: Trent Anthony Miller - Applicant Defendant; Applying For Supervisory
Writ, Parish of Sabine, 11th Judicial District Court Number(s) 59,197, Court of
Appeal, Third Circuit, Number(s) KH 21-00150;
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April 20, 2022
Writ application denied. See per curiam.
WJC
JLW
JDH
SJC
JTG
JBM
PDG
04/20/2022 "See News Release 018 for any Concurrences and/or Dissents."
SUPREME COURT OF LOUISIANA
No. 21-KH-1847
STATE OF LOUISIANA
v.
TRENT ANTHONY MILLER A/K/A TRENT MILLER
ON SUPERVISORY WRITS TO THE ELEVENTH
JUDICIAL DISTRICT COURT, PARISH OF SABINE
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 no w 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 circu mstances 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.
04/20/22