2025-KH-00128 Precedential Writ application denied. Processed

State Of Louisiana v. Marcel D. Thompson

Louisiana Supreme Court · Filed April 15, 2025

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Opinion text

Supreme Court of Louisiana
April 15, 2025
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE OF LOUISIANA
VS.
MARCEL D. THOMPSON
No. 2025-KH-00128
_ _ _ _
_ _
IN
RE: Marcel Thompson - Applicant Defendant; Applying For Supervisory Writ,
Parish of St. Tammany, 22nd Judicial District Court Number(s) 558732, Court of
Appeal, First Circuit, Number(s) 2024 KW 0954;
_ _ _ _ _ _
April 15, 2025
Writ application denied. See per curiam.
Griffin, J., would grant in part.
Guidry, J., recused.
JLW
JDH
WJC
JBM
CRC
04/15/2025 "See News Release 018 for any Concurrences and/or Dissents."

SUPREME COURT OF LOUISIANA
No. 25-KH-0128
STATE OF LOUISIANA
v.
MARCEL D. THOMPSON
ON SUPERVISORY WRITS TO THE TWENTY-SECOND
JUDICIAL DISTRICT COURT, PARISH OF ST. TAMMANY
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 multiple 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.