State ex rel. Mays v. State
State ex rel. Mays v. State
Opinion of the Court
Denied. The application was not timely filed in the district court, and relator 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 at least six applications for post-conviction relief in state court. Similar to federal habeas relief, see
Attachment
STATE OF LOUISIANA NUMBER: 155,463 SECTION 4 VERSUS FIRST JUDICIAL DISTRICT COURT TERRY WAYNE MAYS CADDO PARISH, LOUISIANA
RULING
On August 15, 1991, Petitioner, TERRY WAYNE MAYS, was found guilty by a jury of one (1) count of Second Degree Murder and one (1) count of Armed Robbery. On February 14, 1992, Petitioner was sentenced as to the charge of Second Degree Murder to life imprisonment at hard labor, without the benefit of probation, parole or suspension of sentence, and committed to the Louisiana Department of Corrections, subject to the conditions provided by law. As to the change of Armed Robbery, Petitioner was sentenced to be confined at hard labor for a period of fifty (50) years, without benefit of probation, parole or suspension of sentence, and committed to the Louisiana Department of Corrections, subject to the conditions provided by Law. The Court infirmed Petitioner of his right to post-conviction relief proceedings.
On appeal, Petitioner's conviction end sentence were affirmed.State v. Mays, 24,468 (La. App. 2 Cir. 1/20/93);
The subject of this Opinion is Petitioner's "Uniform Application for Post-Conviction Relief" filed September 15, 2016. In said Application, Petitioner seeks to reverse his conviction by alleging 5 claims all alluding to racial bias as it relates to his trial and selection. Specifically Petitioner argues: 1) racial bias by the clerk's office in identifying the race of the jurors leading him to not know the true identity of each seated prospective juror, 2) racial bias became in the jury coordinators duties, 3) a history of racial bias by the Caddo Parish District Attorney's office, 4) La. C. Cr. Pro. Art 795 is unconstitutional, 5) the presentence of the confederate flag monument outside of the courthouse is racially bias.
*283Petitioner's application is still untimely. As previously noted, Petitioner's sentence and conviction became final in 1993.State v. Mays, 24,468 (La. App. 2 Cir. 1/20/93);
For the foregoing reasons, Petitioner's "Uniform Application for Post-Conviction Relief" filed September 15, 2016 is DENIED.
The Clerk of Court is directed to provide a ropy of this Opinion to the Petitioner, his custodian and the District Attorney.
RULING RENDERED, READ AND SIGNED this 27 th day of October, 2016.
RAMONA L. EMANUEL
DISTRICT JUDGE
SERVICE INFORMATION :
Mr. Terry W. Mays, DOC # 108167
Louisiana State Penitentiary
General Delivery
Angola, LA 70712
Ceddo Parish District Attorney's Office
Reference
- Full Case Name
- STATE EX REL. Terry Wayne MAYS v. STATE of Louisiana
- Status
- Published