State v. Wheeler

Supreme Court of Louisiana
State v. Wheeler, 189 So. 3d 378 (La. 2016)
2016 WL 1576978; 2016 La. LEXIS 929
Curiám

State v. Wheeler

Opinion of the Court

PER CURIÁM.

11 Denied. Relator does not identify an illegal term in 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.C.Cr.P. art. 930.8. The application was not timely filed in the district court, and he fails to carry his burden to show that an exception applies. La.C.Cr.P. art. 930.8; State ex rel. Glover v. State, 93-2330 (La.9/5/95), 660 So.2d 1189. In addition, relator fails to show the trial court erred in resentencing him on remand.

Relator has now fully litigated at least one application 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 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’s claims have now been fully litigated in accord with La.C.Cr.P. art. 930.6, and this denial is final. Hereafter, |2unless 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 revievv. The District Court is ordered to record a minute entry consistent with this per curiam.

Reference

Full Case Name
STATE of Louisiana v. Joseph WHEELER
Status
Published