2022-KH-01151 Precedential Writ application denied. Processed

State Of Louisiana v. Stanley J. Johnson

Louisiana Supreme Court · Filed December 20, 2022

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Opinion text

Supreme Court of Louisiana
December 20, 2022
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE OF LOUISIANA
VS.
STANLEY J. JOHNSON
No. 2022-KH-01151
_ _ _ _
_ _
IN R
E: Stanley J. Johnson - Applicant Defendant; Applying For Supervisory Writ,
Parish of Terrebonne;
_ _ _ _ _ _
December 20, 2022
Writ application denied. See per curiam.
PDG
JLW
JDH
SJC
JTG
WJC
JBM
12/20/2022 "See News Release 054 for any Concurrences and/or Dissents."

SUPREME COURT OF LOUISIANA
No. 22-KH-1151
STATE OF LOUISIANA
v.
STANLEY J. JOHNSON
ON SUPERVISORY WRITS TO THE THIRTY-SECOND
JUDICIAL DISTRICT COURT, PARISH OF TERREBONNE
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 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 provi ded 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.
12/20/22