State ex rel. Carmouche v. State

Supreme Court of Louisiana
State ex rel. Carmouche v. State, 178 So. 3d 133 (La. 2015)
2015 La. LEXIS 2294; 2015 WL 6681089
Grant, Hughes

State ex rel. Carmouche v. State

Opinion of the Court

PER CURIAM.

11Denied. Relator’s- allegations of prose-cutorial misconduct are unsupported. See La.C.Cr.P. art. 930.2.

Relator has now fully litigated his application for post-conviction relief in state court. Similar to federal habeas relief, see *13428 U.S.O. § 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 relator 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.

HUGHES, J., would grant in part.

Reference

Full Case Name
STATE ex rel. Jamal James CARMOUCHE v. STATE of Louisiana
Status
Published