State Of Louisiana v. Jonathan Boyer A/k/a Jonathan Edward Boyer

Supreme Court of Louisiana
May 31, 2023
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE OF LOUISIANA
VS.
JONATHAN BOYER
A/K/A JONATHAN EDWARD BOYER
No. 2022-KP-00330
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I
N RE: Jonathan Boyer - Applicant Defendant; Jonathan Boyer A/K/A Jonathan
Edward Boyer - Applicant Defendant; Applying For Supervisory Writ, Parish of
Calcasieu, 14th Judicial District Court Number(s) 14005-CR-2002, Court of Appeal,
Third Circuit, Number(s) KW 21-00420;
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May 31, 2023
Writ application denied. See per curiam.
PDG
JLW
JDH
SJC
JTG
WJC
JBM
05/31/2023 "See News Release 027 for any Concurrences and/or Dissents."

SUPREME COURT OF LOUISIANA
No. 22-KP-0330
STATE OF LOUISIANA
v.
JONATHAN BOYER
A/K/A JONATHAN EDWARD BOYER
ON SUPERVISORY WRITS TO THE FOURTEENTH
JUDICIAL DISTRICT COURT, PARISH OF CALCASIEU
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; s ee
State v. Reddick , 2021-01893 (La. 10/21/22), 351 So.3d 273. As to his remaining
claims, applicant fails to satisfy his post-conviction burden of proof. La.C.Cr.P. art.
930.2.
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 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. N otably, 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
05/31/23

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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.