Noel Austin v. Tim Hooper, Warden

Supreme Court of Louisiana
October 10, 2023
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
NOEL AUSTIN
VS.
TIM HOOPER,
WARDEN
No. 2023-KH-00678
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I
N RE: Noel Austin - Applicant Plaintiff; Applying For Supervisory Writ, Parish of
Jefferson, 24th Judicial District Court Number(s) 03-6329, Court of Appeal, Fifth
Circuit, Number(s) 23-KH-125;
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October 10, 2023
Writ application denied. See per curiam.
Griffin, J., would grant.
JDH
JLW
SJC
JTG
WJC
JBM
10/10/2023 "See News Release 043 for any Concurrences and/or Dissents."

SUPREME COURT OF LOUISIANA
No. 23-KH-0678
NOEL AUSTIN
v.
TIM HOOPER, WARDEN
ON SUPERVISORY WRITS TO THE TWENTY-FOURTH
JUDICIAL DISTRICT COURT, PARISH OF JEFFERSON
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 several applications for p ost-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 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 di strict court is ordered to record a minute entry consistent with this
per curiam.
10/10/23