2023KW0866 Nonprecedential Writ denied Processed

State Of Louisiana v. Willie Thornton

Louisiana Court of Appeal, First Circuit · Filed October 23, 2023

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STATE OF LOUISIANA NO. 2023 KW 0866

WILLIE THORNTON OCTOBER 23, 2023

In Re: Willie Thornton, applying for supervisory writs, 19th

Judicial District Court, Parish of East Baton Rouge,

No. 11- 15- 0180.

BEFORE: WELCH, HOLDRIDGE, AND WOLFE, JJ.

WRIT DENIED. The exception to the procedural bar and time
limitation set forth in La. Code Crim. P. arts. 930. 4 and 930. 8

shall apply only to a substantive claim of factual innocence and
shall not apply to any other claims raised by the petitioner.

See La. Code Crim. P. arts. 926. 2( A) & ( B) . Relator failed to
meet his burden of proof on his factual innocence claim.

Therefore, his application for postconviction relief is subject

to the time delay set forth in Article 930. 8. See La. Code
Crim. P. art. 926. 2 ( A) . If an application for postconviction

relief is untimely under Article 930. 8, it should not be
considered on the merits. See State v. LeBlanc, 2006- 0169 ( La.

9/ 15/ 06) , 937 So. 2d 844 ( per curiam) . Furthermore, relator has
exhausted his right to state collateral review. See State v.

Thornton, 2022- 00074 ( La. 4/ 5/ 22), 335 So. 3d 246 ( per curiam).

JEW
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