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201 So. 3d 879

State ex rel. Jackson v. State

Supreme Court of Louisiana

Decided October 10, 2016

Supreme Court of Louisiana · decided 2016-10-10

Cited by 11 later decisions — most recently January 2017

8 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

Good law ✅— No negative treatment on recordhow we know

Decided 2016-10-10

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PER CURIAM:

¶111 Denied. The application was not timely filed in the district court, and relator fails 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. We attach hereto and make a part hereof the District Court’s written reasons denying relator’s application.

¶2Relator has now fully litigated at least five 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 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 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.

¶3*880Attachment

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