State Of Louisiana v. Marlon Antwan Miller
State Of Louisiana v. Marlon Antwan Miller, No. 2025-KH-00219 (La. May 6, 2025).
Opinion text
Supreme Court of Louisiana
May 06, 2025
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE OF LOUISIANA
VS.
MARLON ANTWAN MILLER
No. 2025-KH-00219
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_ _ _ _
I
N RE: Marlon Antwan Miller - Applicant Defendant; Applying For Supervisory
Writ, Parish of Lincoln, 3rd Judicial District Court Number(s) 68,355, Court of
Appeal, Second Circuit, Number(s) 56,251-KH;
_ _ _ _ _ _
May 06, 2025
Writ application denied. See per curiam.
McCal
lum, J., recused.
JLW
JDH
WJC
PDG
JMG
CRC
05/06/2025 "See News Release 021 for any Concurrences and/or Dissents."
SUPREME COURT OF LOUISIANA
No. 25-KH-0219
STATE OF LOUISIANA
v.
MARLON ANTWAN MILLER
ON SUPERVISORY WRITS TO THE THIRD
JUDICIAL DISTRICT COURT, PARISH OF LINCOLN
PER CURIAM:
Denied. The application is repetitive. La.C.Cr.P. art. 930.4.
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.