182 So. 3d 959

STATE ex rel. Brandon CITIZEN v. STATE of Louisiana.

No. 2015-KH-0562.

Supreme Court of Louisiana.

Jan. 15, 2016.

PER CURIAM.

| ¡Denied. Relator’s filing is properly construed as an application for post-conviction relief. La.C.Cr.P. art. 559; State v. Tran, 00-2471 (La.6/1/01), 793 So.2d 172. As such, it is subject to the time limitation set forth in La.C.Cr.P. art. 930.8. Relator’s application was not timely filed in the district court, and he 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. In addition, relator’s claim is repetitive. La.C.Cr.p. art. 930.4.

Relator has now fully litigated numerous 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. Relator’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, relator has exhausted his right to state collateral review. The District Court is ordered to record a minute entry consistent with this per curiam.

State ex rel. Citizen v. State
182 So. 3d 959

Case Details

Name
State ex rel. Citizen v. State
Decision Date
Jan 15, 2016
Citations

182 So. 3d 959

Jurisdiction
Louisiana

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