State Of Louisiana v. Elliot Wayne Galloway

Supreme Court of Louisiana
April 04, 2023
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE OF LOUISIANA
VS.
ELLIOT WAYNE GALLOWAY
No. 2022-KH-01392
_ _
_ _ _ _
I
N RE: Elliot Wayne Galloway - Applicant Defendant; Applying For Supervisory
Writ, Parish of St. Tammany, 22nd Judicial District Court Number(s) 588,535, Court
of Appeal, First Circuit, Number(s) 2022 KW 0592;
_ _ _ _ _ _
April 04, 2023
Writ application denied. See per curiam.
Hughes, J., would grant.
Griffin, J., would grant.
JLW
SJC
JTG
WJC
JBM
04/04/2023 "See News Release 017 for any Concurrences and/or Dissents."

S
UPREME COURT OF LOUISIANA
No
. 22-KH-1392
S
TATE OF LOUISIANA
v.
ELLI
OT WAYNE GALLOWAY
O
N SUPERVISORY WRITS TO THE TWENTY-SECOND
JUDICIAL DISTRICT COURT, PARISH OF ST. TAMMANY
PE
R CURIAM:
De
nied. 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 p rovided 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.
04/04/23