State Of Louisiana v. Hubert Martin, III

Supreme Court of Louisiana
December 11, 2024
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE OF LOUISIANA
VS.
HUBERT MARTIN, III
No. 2024-KH-01046
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I
N RE: Hubert Martin - Applicant Defendant; Applying For Writ Of Certiorari,
Parish of Iberia, 16th Judicial District Court Number(s) C-141050, Court of Appeal,
Third Circuit, Number(s) KH 23-00755;
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December 11, 2024
Writ application denied. See per curiam.
PDG
JLW
JDH
SJC
JTK
WJC
JBM
12/11/2024 "See News Release 055 for any Concurrences and/or Dissents."

SUPREME COURT OF LOUISIANA
No. 24-KH-1046
STATE OF LOUISIANA
v.
HUBERT MARTIN, III
ON SUPERVISORY WRITS TO THE SIXTEENTH
JUDICIAL DISTRICT COURT, PARISH OF IBERIA
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 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 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 district court is ordered to record a minute entry consistent with this
per curiam.
12/11/24