State v. Hager
State v. Hager
Opinion of the Court
Denied. Relator's application was not timely filed in the district court, and he fails to carry his burden to show that an exception applies. La.C.Cr.P. art. 930.8 ; State ex rel. Glover v. State , 93-2330 (La. 9/5/95),
Relator has now fully litigated two applications for post-conviction relief in state court. Similar to federal habeas relief, see
Attachment
*967STATE OF LOUISIANA NUMBER: 278194 22ND JUDICIAL DISTRICT COURT VERSUS PARISH OF ST. TAMMANY JAMIE HAGER STATE OF LOUISIANA FILED: September 1, 2016 DEPUTY CLERK
ORDER
Petitioner filed an application for Post Conviction Relief on July 11, 2016, alleging four claims for relief.
On September 9, 1999, petitioner was convicted of forcible rape. His conviction and sentence were affirmed on appeal. On October 15, 2003, petitioner filed an application for post-conviction relief, which was denied on December 4, 2003. The Louisiana First Circuit Court of Appeal denied petitioner's writ application on July 23, 2004. The Louisiana Supreme Court denied petitioner's application for supervisory writs on January 14, 2005, and denied his application for reconsideration on March 24, 2005. Thereafter, petitioner filed a petition for federal habeas corpus relief, which was dismissed without prejudice for failure to exhaust state court remedies on November 17, 2005.
The pending application was not filed within the time prescribed by Code of Criminal Procedure Article 930.8, and petitioner has failed to establish the applicability of an exception to such time limitation.
Accordingly, petitioner's application for post-conviction relief shall not be considered.
IT IS ORDERED that the Clerk of Court of the Parish of St. Tammany give notice of this Order to petitioner, the District Attorney for the Parish of St. Tammany, and the petitioner's custodian.
Covington, Louisiana, this 1 day of September, 2016.
HONORABLE ALLISON H. PENZATO
Reference
- Full Case Name
- STATE of Louisiana v. Jamie HAGER
- Status
- Published