Supreme Court of Louisiana, 2016

State ex rel. Abshire v. State

State ex rel. Abshire v. State
Supreme Court of Louisiana · Decided March 14, 2016
186 So. 3d 645; 2016 La. LEXIS 576; 2016 WL 1048660 (Southern Reporter, Third Series)

State ex rel. Abshire v. State

Opinion of the Court

PER CURIAM:

JjWRIT NOT CONSIDERED. Untimely filed’pursuant ;to. La.S;Ot. Rule X § 5.

Relator'has now exhausted his-right to obtain'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 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 has filed an application for post-conviction relief in the District- Court, and the District Court’s ruling denying relief is now 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. The District. Court is ordered to record a-- minute entry consistent with this per curiam.

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