State Of Louisiana v. Joseph W. Miller

Supreme Court of Louisiana
September 04, 2024
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE OF LOUISIANA
VS.
JOSEPH W. MILLER
No. 2024-KP-00161
_ _
_ _ _ _
I
N RE: Joseph W. Miller - Applicant Defendant; Applying For Supervisory Writ,
Parish of Red River, 39th Judicial District Court Number(s) 133814, Court of
Appeal, Second Circuit, Number(s) 55,657-KW;
_ _ _ _ _ _
September 04, 2024
Writ application denied. See per curiam.
SJC
JLW
JDH
JTK
WJC
JBM
PDG
09/04/2024 "See News Release 040 for any Concurrences and/or Dissents."

SUPREME COURT OF LOUISIANA
No. 24-KP-0161
STATE OF LOUISIANA
v.
JOSEPH W. MILLER
ON SUPERVISORY WRITS TO THE THIRTY-NINTH
JUDICIAL DISTRICT COURT, PARISH OF RED RIVER
PER CURIAM:
Denied. Applicant’s conviction and sentence became final in 2020, and he
does not provide a copy of the application for post -conviction relief filed in the
district court. He fails to offer proof that his application was timely filed in the
district court or that an exception to the time limitation 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 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.
09/04/24