State Of Louisiana v. Jose C. Garcia

Supreme Court of Louisiana
February 19, 2025
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE OF LOUISIANA
VERSUS
JOSE C. GARCIA
No. 2024-KH-01454
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I
N RE: Jose C. Garcia - Applicant Defendant; Applying For Supervisory Writ,
Parish of Jefferson, 24th Judicial District Court Number(s) 08- 5641, Court of
Appeal, Fifth Circuit, Number(s) 24-KH-468;
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February 19, 2025
Writ application denied. See per curiam.
JLW
JDH
JTK
WJC
JBM
PDG
JMG
02/19/2025 "See News Release 006 for any Concurrences and/or Dissents."

SUPREME COURT OF LOUISIANA

No. 24-KH-1454

STATE OF LOUISIANA

v.

JOSEPH C. GARCIA

ON SUPERVISORY WRITS TO THE TWENTY-FOURTH
JUDICIAL DISTRICT COURT, PARISH OF JEFFERSON

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 his second 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 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.