2023-KH-00639 Precedential Writ application denied. Processed

State Of Louisiana v. Darrel Joseph St. Julien, Jr.

Louisiana Supreme Court · Filed September 26, 2023

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Opinion text

Supreme Court of Louisiana
September 26, 2023
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE OF LOUISIANA
VS.
DARREL JOSEPH ST. JULIEN, JR.
No. 2023-KH-00639
_ _ _ _
_ _
IN
RE: Darrel Joseph St. Julien, Jr. - Applicant Defendant; Applying For
Supervisory Writ, Parish of Lafayette, 15th Judicial District Court Number(s) 62872,
Court of Appeal, Third Circuit, Number(s) KH 23-00076;
_ _ _ _ _ _
September 26, 2023
Writ application denied. See per curiam.
JLW
JDH
SJC
JTG
WJC
JBM
PDG
09/26/2023 "See News Release 041 for any Concurrences and/or Dissents."

S
UPREME COURT OF LOUISIANA
No.
23-KH-0639
STA
TE OF LOUISIANA
v.
DA
RREL JOSEPH ST. JULIEN, JR.
ON
SUPERVISORY WRITS TO THE FIFTEENTH
JUDICIAL DISTRICT COURT, PARISH OF LAFAYETTE
P
ER 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 several app lications 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. 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 f ully
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.
09/23/23