State Of Louisiana v. Gregory Joseph Gough
State Of Louisiana v. Gregory Joseph Gough, No. 2021-KP-01016 (La. Oct. 5, 2021).
Authorities cited
Identified automatically; this list may not be exhaustive.
- State Ex Rel. Glover v. State 660 So. 2d 1189
Opinion text
Supreme Court of Louisiana
October 05, 2021
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE OF LOUISIANA
VS.
GREGORY JOSEPH GOUGH
No. 2021-KP-01016
_ _
_ _ _ _
I
N RE: Gregory Joseph Gough - Applicant Defendant; Applying For Supervisory
Writ, Parish of Grant, 35th Judicial District Court Number(s) 2015-CR- 753, 2016-
CR-175, Court of Appeal, Third Circuit, Number(s) KW 20-00025;
_ _ _ _ _ _
October 05, 2021
Writ application denied. See per curiam.
WJC
JLW
JDH
SJC
JTG
JBM
PDG
10/05/2021 "See News Release 040 for any Concurrences and/or Dissents."
SUPREME CO
URT OF LOUISIANA
No. 21-KP-
1016
STATE OF LOU
ISIANA
v.
GREGORY J
OSEPH GOUGH
ON SUPER
VISORY WRITS TO THE THIRTY-FIFTH
JUDICIAL DISTRICT COURT, PARISH OF GRANT
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 p ost-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.
10/05/21