State Of Louisiana v. Brian Rains

Supreme Court of Louisiana
October 17, 2023
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE OF LOUISIANA
VS.
BRIAN RAINS
No. 2023-KH-00555
_ _
_ _ _ _
I
N RE: Brian Rains - Applicant Defendant; Applying For Supervisory Writ, Parish
of Sabine, 11th Judicial District Court Number(s) 18-CR-077574, Court of Appeal,
Third Circuit, Number(s) KH 23-00102;
_ _ _ _ _ _
October 17, 2023
Writ application denied. See per curiam.
WJC
JLW
JDH
SJC
JTG
JBM
PDG
10/17/2023 "See News Release 044 for any Concurrences and/or Dissents."

S
UPREME COURT OF LOUISIANA
No.
2023-KH-00555
STA
TE OF LOUISIANA
VS.
BRIAN RAINS
On S
upervisory Writ to the 11th Judicial District Court, Parish of Sabine
P
ER CURIAM:
De
nied. By pleading guilty unconditionally, ap plicant waived all non-
jurisdictional defects in the proceedings leading to his conviction. State v. Crosby ,
338 So.2d 584, 586 (La. 1976). Applicant fails to satisfy his post-conviction
burden of proof of showing the plea was unknowingly or unintelligently made.
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 succ essive 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. 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.
10/17/23