State Of Louisiana v. Gerald Neal Babineaux

Supreme Court of Louisiana
November 21, 2023
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE OF LOUISIANA
VS.
GERALD NEAL BABINEAUX
No. 2023-KH-00951
_ _
_ _ _ _
IN
RE: Gerald Neal Babineaux - Applicant Defendant; Applying For Supervisory
Writ, Parish of St. Landry, 27th Judicial District Court Number(s) 98-K-0219, Court
of Appeal, Third Circuit, Number(s) KH 22-00803;
_ _ _ _ _ _
November 21, 2023
Writ application denied. See per curiam.
JDH
JLW
SJC
JTG
WJC
JBM
PDG
11/21/2023 "See News Release 051 for any Concurrences and/or Dissents."

SUPREME COURT OF LOUISIANA
No. 23-KH-0951
STATE OF LOUISIANA
v.
GERALD NEAL BABINEAUX
ON SUPERVISORY WRITS TO THE TWENTY-SEVENTH
JUDICIAL DISTRICT COURT, PARISH OF ST. LANDRY
PER CURIAM:
Denied. The application wa s 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 f ully litigated multiple 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 cir cumstances 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. Applica nt'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 hi s right to state collateral
review. The district court is ordered to record a minute entry consistent with this
per curiam.
11/21/2023