State Of Louisiana v. Leroyal Dunbar
State Of Louisiana v. Leroyal Dunbar, No. 2023-KP-01313 (La. Feb. 6, 2024).
Authorities cited
Identified automatically; this list may not be exhaustive.
- State Ex Rel. Glover v. State 660 So. 2d 1189
Opinion text
Supreme Court of Louisiana
February 06, 2024
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE OF LOUISIANA
VS.
LEROYAL DUNBAR
No. 2023-KP-01313
_ _
_ _ _ _
IN
RE: Leroyal Dunbar - Applicant Defendant; Applying For Supervisory Writ,
Parish of Ascension, 23rd Judicial District Court Number(s) 113037, Court of
Appeal, First Circuit, Number(s) 2023 KW 0503;
_ _ _ _ _ _
February 06, 2024
Writ application denied. See per curiam.
PDG
JLW
JDH
SJC
JTG
WJC
JBM
02/06/2024 "See News Release 007 for any Concurrences and/or Dissents."
SUPREME COURT OF LOUISIANA
No. 23-KP-1313
STATE OF LOUISIANA
v.
LEROYAL DUNBAR
ON SUPERVISORY WRITS TO THE TWENTY-THIRD
JUDICIAL DISTRICT COURT, PARISH OF ASCENSION
PER CURIAM:
Denied. The application was not time ly 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. The
application is also repetitive. La.C.Cr.P. art. 930.4.
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 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 procedura l bars against
successive filings man datory. 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 succes sive
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.
02/06/24