Supreme Court of Louisiana, 2017

State ex rel. Phillips v. State

State ex rel. Phillips v. State
Supreme Court of Louisiana · Decided August 4, 2017
223 So. 3d 1144; 2017 La. LEXIS 1590; 2017 WL 3371428 (Southern Reporter, Third Series)

State ex rel. Phillips v. State

Opinion of the Court

ON SUPERVISORY WRITS TO THE NINTH JUDICIAL DISTRICT COURT, PARISH OF RAPIDES

PER CURIAM:

It Denied. Relator inexcusably failed; to raise his claims in the proceedings leading to conviction. La.C.Cr,P. art. 930.4(B). In addition, relator fails to satisfy his post-conviction burden of proof. La.C.Cr.P. art. 930.2.

Relator has now fully litigated his 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, 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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