187 So. 3d 981

STATE ex rel. Kenneth DuROSSEAU v. STATE of Louisiana.

No. 2015-KH-1033.

Supreme Court of Louisiana.

March 24, 2016.

PER CURIAM.

| denied. Relator fails to show he was denied access to the courts by an arbitrary and unjustified enforcement of the uniform rules governing the filing of applications in the court of appeal, and thus shows no error in the Third Circuit’s denial of writs on technical grounds. La.C.Cr.P. art. 912.1(C).

Relator has now fully litigated at least six 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. DuRosseau v. State
187 So. 3d 981

Case Details

Name
State ex rel. DuRosseau v. State
Decision Date
Mar 24, 2016
Citations

187 So. 3d 981

Jurisdiction
Louisiana

References

Referencing

Nothing yet... Still searching!

Referenced By

Nothing yet... Still searching!