State ex rel. Miller v. State

Supreme Court of Louisiana
State ex rel. Miller v. State, 193 So. 3d 1161 (La. 2016)
2016 La. LEXIS 1362; 2016 WL 3172369

State ex rel. Miller v. State

Opinion of the Court

PER CURIAM.

|,WRIT NOT CONSIDERED. Untimely filed pursuant to La.S.Ct. 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 Dis*1162trict 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 cu-riam. ;

Reference

Full Case Name
STATE ex rel. Dale Robin MILLER v. STATE of Louisiana
Status
Published