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175 So. 3d 392

State ex rel. Stevenson v. Cain

Supreme Court of Louisiana

Decided September 25, 2015

Supreme Court of Louisiana · decided 2015-09-25

Cited by 2 later decisions — most recently January 2019

2 state decisions

Applies 28 U.S.C. § 2244 (Antiterrorism and Effective Death Penalty Act of 1996)

Good law ✅— No negative treatment on recordhow we know

Decided 2015-09-25

View the full empirical analysis of this case →

PER CURIAM.

¶1I,Rehearing denied. Relator has now filed and fully litigated five' applications for post-conviction relief in the State Courts. Similar to federal habeas relief, see 28 U.S.C. § 2244, Louisiana’s post-conviction procedures envision the filing of second or successive petitions only under the narrow circumstances provided for in La.C.Cr.P. art. 930.4. " Notably, the Legislature in 2013 La. Acts 251 amended that article to make the procedural bars against granting relief on successive filing mandatory. Relator’s claims are now all fully litigated in state collateral proceedings in accordance with La.C.Cr.P. art. 930.6, and the denial of relief has become final. Hereafter, unless relator 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.

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