State ex rel. Johnson v. State
State ex rel. Johnson v. State
Opinion of the Court
I iDenied. Relator has not identified an illegal term fe his sentence, and therefore, his filing is properly construed as an application for post-conviction relief. See State v. Parker, 98-0256 (La.5/8/98), 711 So.2d 694. As such, it is subject to the time limitation set forth in La.O.Cr.P. art. 930.8. Relator’s application was not timely filed in the district court, and he has failed to carry his burden to sh’ow that an exception applies. La.G.Cr.P. art. 930.8; State ex rel. Glover v. State, 93-2330 (La.9/5/95), 660 So.2d 1189. In addition, relator’s application is repetitive. La.C.Cr.P. art. 930.4.
Relator has now fully litigated multiple applications 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 second or successive application only under the narrow circumstances provided in La.C.Cr.P, art. 930.4 and within the limitar
Reference
- Full Case Name
- STATE ex rel. Mozine JOHNSON v. STATE of Louisiana
- Status
- Published