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181 So. 3d 697

State ex rel. Ott v. State

Supreme Court of Louisiana

Decided November 6, 2015

Supreme Court of Louisiana · decided 2015-11-06

Cited by 1 later decisions — most recently April 2017

1 state decisions

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

Relies on State Ex Rel. Melinie v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2015-11-06

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PER CURIAM.

¶11 t Denied. Relator fails to show the district court erred when it found his claims were fully litigated on appeal, see La.C.Cr.P. art. 930.4(A), and/or 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.

¶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 La.C.Cr.P. art. 930.4 to make the procedural bars against successive filings mandatory. Relator’s claims have now been fully litigated in state collateral proceedings in accord with La.C.Cr.P. art. 930.6, and this denial is 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. The District Court is ordered to record a minute entry consistent with this per curiam.

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