State Of Louisiana v. Walter Moore, Jr.

Supreme Court of Louisiana
January 24, 2024
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE OF LOUISIANA VS. WALTER
MOORE, JR. No. 2023-KH-01179
_ _
_ _ _ _
I
N RE: Walter Moore, Jr. - Applicant Defendant; Applying For Supervisory Writ,
Parish of Morehouse, 4th Judicial District Court Number(s) 99-3554F, Court of
Appeal, Second Circuit, Number(s) 55,397-KH;
_ _ _ _ _ _
January 24, 2024
Writ application denied. See per curiam.
JTG
JLW
JDH
SJC
WJC
JBM
PDG
01/24/2024 "See News Release 004 for any Concurrences and/or Dissents."

S
UPREME COURT OF LOUISIANA
No.
23-KH-1179
STA
TE OF LOUISIANA
v.
W
ALTER MOORE, JR.
ON
SUPERVISORY WRITS TO THE FOURTH
JUDICIAL DISTRICT COURT, PARISH OF MOREHOUSE
P
ER CURIAM:
De
nied. Applicant does not identify an illegal term in his sentence, and
therefore, his filing is pro perly construed as an application for post-conviction
relief. See State v. Parker , 98 -0256 (La. 5/8/98), 711 So.2d 694. As such, it is
subject to the time limitation set forth in La.C.Cr.P. art. 930.8. 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 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 circumstanc es 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 cla ims have now been fully litigated in
accord with La.C.Cr.P. a rt. 930.6, and this denial is final. Hereafter, unless he can
show that one of the narrow exceptions authorizing the filing of a successive
01/24/24

2

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.