State Of Louisiana v. Harold Lee Herbert

Supreme Court of Louisiana
March 07, 2023
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE OF LOUISIANA
VS.
HAROLD LEE HERBERT
No. 2022-KH-01302
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I
N RE: Harold Hebert - Applicant Defendant; Applying For Supervisory Writ,
Parish of Jefferson Davis, 31st Judicial District Court Number(s) CR-605-77;
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March 07, 2023
Writ application denied. See per curiam.
WJC
JLW
JDH
SJC
JTG
JBM
PDG
03/07/2023 "See News Release 012 for any Concurrences and/or Dissents."

03/07/2023

SUPREME COURT OF LOUISIANA

No. 22-KH-1302

STATE OF LOUISIANA

v.

HAROLD LEE HEBERT

ON SUPERVISORY WRITS TO THE THIRTY-FIRST
JUDICIAL DISTRICT COURT, PARISH OF JEFFERSON DAVIS

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 pr ovided 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.