177 So. 3d 708

STATE ex rel. William Dudley NICHOLSON v. STATE of Louisiana.

No. 2014-KH-2686.

Supreme Court of Louisiana.

Oct. 23, 2015.

PER CURIAM.

| denied. Relator’s sentencing claim is not cognizable on collateral review. See La.C.Cr.P. art. 930.3; State ex rel. Melinie v. State, 93-1380 (La.1/12/96), 665 So.2d 1172.

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.

State ex rel. Nicholson v. State
177 So. 3d 708

Case Details

Name
State ex rel. Nicholson v. State
Decision Date
Oct 23, 2015
Citations

177 So. 3d 708

Jurisdiction
Louisiana

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