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253 So. 3d 1277

State v. Hypolite

Supreme Court of Louisiana

Decided October 8, 2018

Supreme Court of Louisiana · decided 2018-10-08

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

Decided 2018-10-08

PER CURIAM:

¶1Denied. Relator fails to show he was denied access to the courts by an arbitrary and unjustified enforcement of the uniform rules governing the filing of applications in the court of appeal, and thus shows no error.

¶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 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.

¶3*1278The district court is ordered to record a minute entry consistent with this per curiam.

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