State Ex Rel. Rice v. State
Cases that cite this one
9 later published cases cite this decision.
- State of Louisiana v. Javan Marshall and Alfred Williams (La. Ct. App. 2022)
- State ex rel. Schultz v. State (La. 2017)
- State ex rel. Arnaud v. State (La. 2016)
- State ex rel. Preston v. State (La. 2016)
- State ex rel. Harris v. State (La. 2016)
- Stanley Stirgus v. Howard Prince (5th Cir. 2012)
- State v. Falls (La. 2003)
- Roy v. Cain (La. 2001)
- State v. Ford (La. 2000)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
STATE ex rel. Kenneth W. RICE
v.
STATE of Louisiana.
Supreme Court of Louisiana.
Writ denied. The district judge did not abuse his discretion, see generally Carlin v. Cain, 97-2390 (La.3/13/98), 706 So.2d 968, in finding relator's failure to raise his claims in earlier applications for post-conviction relief inexcusable and in defaulting relator's most recent application for this reason. We also note that the required Uniform Application for Post Conviction relief, see La.C.Cr.P. art. 926(D); La. S.Ct.R. App'x A; U.R.C.A. App'x A, requires an inmate filing an application for post-conviction relief to "explain why" he may have "failed to raise [a particular] ground" in earlier proceedings. The Uniform Application thus in most cases both provides an inmate with an opportunity to explain his failure to raise a claim earlier and provides the district judge with enough information to undertake the informed exercise of his discretion and to determine whether default of an application under La.C.Cr.P. art. 930.4(B), art. 930.4(C), or art. 930.4(E) is appropriate. Proper use of the Uniform Application thus satisfies the requirements of La. C.Cr.P. art. 930.4(F) without the need for further filings, formal proceedings, or a hearing.
KIMBALL, J., not on panel.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.