State Of Louisiana v. Melvin Reed

Supreme Court of Louisiana
April 12, 2022
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE OF LOUISIANA
VS.
MELVIN REED
No. 2022-KH-00236
_ _ _ _
_ _
IN R
E: Melvin Reed - Applicant Defendant; Applying For Supervisory Writ, Parish
of Orleans Criminal, Criminal District Court Number(s) 523-378, Court of Appeal,
Fourth Circuit, Number(s) 2022-K-0014;
_ _ _ _ _ _
April 12, 2022
Writ application denied. See per curiam.
JDH
JLW
SJC
JTG
WJC
JBM
PDG
04/12/2022 "See News Release 016 for any Concurrences and/or Dissents."

SUPREME COURT OF LOUISIANA
No. 22-KH-0236
STATE OF LOUISIANA
v.
MELVIN REED
ON SUPERVISORY WRITS TO THE CRIMINAL
DISTRICT COURT, PARISH OF ORLEANS
PER CURIAM:
Denied. Applicant does not identify an illegal term in his sentence, and
therefore, his filing is properly construed as an application for post -conviction
relief. See State v. Parker , 98 -0256 (La. 5/8/98), 711 So.2d 694. As such, it is
subject to the time limitation set forth in La.C.Cr.P. art. 930.8. 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 a second 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 provide d 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 n ow 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
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successive application applies, applicant has exhausted his right to state c ollateral
review. The district court is ordered to record a minute entry consistent with this
per curiam.