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178 So. 3d 131

State ex rel. Webster v. State

Supreme Court of Louisiana

Decided October 30, 2015

Supreme Court of Louisiana · decided 2015-10-30

Cited by 1 later decisions — most recently November 2018

1 state decisions

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

Relies on 660 So. 2d 1189 - State Ex Rel. Glover v. State · State v. Parker

Good law ✅— No negative treatment on recordhow we know

Decided 2015-10-30

View the full empirical analysis of this case →

PER CURIAM.

¶1I ¶ Denied. Relator has not raised a bona fide illegal sentence claim, see State v. Parker, 98-0256 (La.5/8/98), 711 So.2d 694, his application was not timely filed in the district court, and relator has failed 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.

¶2Relator has now fully litigated his application 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 the 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.

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