State ex rel. Edwards v. State

Supreme Court of Louisiana
State ex rel. Edwards v. State, 189 So. 3d 383 (La. 2016)
2016 WL 1577005; 2016 La. LEXIS 916

State ex rel. Edwards v. State

Opinion of the Court

PER CURIAM.

11 Denied. Relator fails to 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. Relator’s conviction and sentence became final in 2010, and he does not provide a copy of the application for post-conviction relief filed in the District Court. He fails to offer proof that his application was timely filed in the district court or that an exception applies to the two-year time limitation. 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’s claims concerning his habitual offender adjudication are not cognizable on’ collateral review. La.C.Cr.P. art. 930.3; State ex rel. Melinie v. State, 93-1380 (La.1/12/96), 665 So.2d 1172; see also State v. Cotton, 09-2397 (La.10/15/10), 45 So.3d 1030.

Relator has now fully litigated two 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 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, 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.

Reference

Full Case Name
STATE ex rel. Todd Vincent EDWARDS v. STATE of Louisiana
Status
Published