State ex rel. Richardson v. State
State ex rel. Richardson v. State
Opinion of the Court
Denied. That relator names his filing an application for a writ of habeas corpus does not save him from the time limitations period for applications for post-conviction relief set out in La.C.Cr.P. art. 930.8. See State ex rel. Glover v. State, 93-2330, pp. 9-11 (La. 9/5/95), 660 So.2d 1189, 1195-96 (distinguishing habeas corpus from post-conviction relief and endorsing La.C.Cr.P. art. 351 and its cmt. (c), which state that “habeas corpus is not the proper procedural device for petitioners who may file applications for post conviction relief;” rather,- it “deals with pre-conviction complaints concerning custody”). The application was not timely filed in the district court, and relator fails to carry his burden to show that an exception applies. In addition, relator’s application is repetitive. La. C.Cr.P. art. 930.4.
Relator has now fully litigated several 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 limi
Reference
- Full Case Name
- STATE EX REL. Travis RICHARDSON v. STATE of Louisiana
- Cited By
- 1 case
- Status
- Published