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237 So. 3d 508

State v. Grigsby

Supreme Court of Louisiana

Decided March 2, 2018

Supreme Court of Louisiana · decided 2018-03-02

Cited by 1 later decisions — most recently October 2018

1 state decisions

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

Relies on 816 So. 2d 290 - State v. Conway · State v. Pierre

Good law ✅— No negative treatment on recordhow we know

Decided 2018-03-02

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PER CURIAM:

¶1Denied. Relator fails to satisfy his post-conviction burden of proof. La.C.Cr.P. art. 930.2 ; see alsoState v. Pierre , 13-0873 (La. 10/15/13), 125 So.3d 403 ; State v. Conway , 01-2808 (La. 4/12/02), 816 So.2d 290.

¶2Relator has now fully litigated two applications for post-conviction relief in state court. Similar to federal habeas relief, see28 U.S.C. § 2244, Louisiana post-conviction procedure envisions the filing of a 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.

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