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267 So. 3d 1106

State v. Hunter

Supreme Court of Louisiana

Decided April 22, 2019

Supreme Court of Louisiana · decided 2019-04-22

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

Decided 2019-04-22

PER CURIAM:

¶1Denied. Applicant shows no lower court error.

¶2Applicant has now fully litigated her application 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 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 that article to make the procedural bars against successive filings mandatory. Applicant's claims have now been fully litigated in accord with La.C.Cr.P. art. 930.6, and this denial is final. Hereafter, unless she can show that one of the narrow exceptions authorizing the filing of a successive application applies, applicant has exhausted her right to state collateral review. The district court is ordered to record a minute entry consistent with this per curiam.

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