2025-KH-00129 Precedential Writ application denied. Processed

State Of Louisiana v. William A. Muse

Louisiana Supreme Court · Filed April 15, 2025

Authorities cited

Identified automatically; this list may not be exhaustive.

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.
WILLIAM A. MUSE
No. 2025-KH-00129
_ _ _ _
_ _
IN RE
: William A. Muse - Applicant Defendant; Applying For Supervisory Writ,
Parish of Union, 3rd Judicial District Court Number(s) 53,593, Court of Appeal,
Second Circuit, Number(s) 56,221-KH;
_ _ _ _ _ _
April 15, 2025
Writ application denied. See per curiam.
McCall
um, J., recused.
JDH
JLW
WJC
PDG
JMG
CRC
04/15/2025 "See News Release 018 for any Concurrences and/or Dissents."

SUPREME COURT OF LOUISIANA
No. 25-KH-0129
STATE OF LOUISIANA
v.
WILLIAM A. MUSE
ON SUPERVISORY WRITS TO THE THIRD
JUDICIAL DISTRICT COURT, PARISH OF UNION
PER CURIAM:
Denied. Applicant’s sentencing claims are not cognizable on collateral
review. La.C.Cr.P. art. 930.3; State ex rel. Melinie v. State , 93 1380 (La. 1/12/96),
665 So.2d 1172; see also State v. Cotton, 09 2397 (La. 10/15/10), 45 So.3d 1030.
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.