State ex rel. Bruce v. State

Supreme Court of Louisiana
State ex rel. Bruce v. State, 190 So. 3d 1177 (La. 2016)
2016 WL 2879922; 2016 La. LEXIS 1109

State ex rel. Bruce v. State

Opinion of the Court

PER CURIAM.

11 Denied. Relator’s claim concerning the allegedly defective bill of information is repetitive. La.C.Cr.P. art. 930.4. In addition, relator’s sentencing claims 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. We attach hereto and make a part hereof the District Court’s written reasons denying relator’s application.

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.

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Reference

Full Case Name
STATE ex rel. Benjamin BRUCE v. STATE of Louisiana
Status
Published