No. 2016-KH-0942 Precedential Processed

State ex rel. Parker v. State

Louisiana Supreme Court · Filed June 3, 2016 · 193 So. 3d 1166

Opinion text

PER CURIAM. JjWRIT NOT CONSIDERED. Untimely filed pursuant to La.S.Ct. Rule X § 5. Relator has now exhausted his right to obtain 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. Relator has filed an application for post-conviction relief in the District Court, and the District Court’s ruling denying relief is now final. Hereafter; unless he can -show that one of the narrow exceptions authorizing the filing of a successive application applies, relator has exhausted his right to state collateral review. The District Court ;is ordered to record- a minute entry consistent with this per curiam.