Narrative Opinion Summary
The writ submitted by the relator is not considered due to being untimely filed according to La.S.Ct. R. X. 5. The relator has exhausted the right to seek post-conviction relief in state court. Louisiana's post-conviction procedures allow for a second or successive application only under specific circumstances outlined in La.C.Cr. P. art. 930.4 and within the time limits set by La.C.Cr. P. art. 930.8. Amendments made by the Louisiana Legislature in 2013 (La. Acts 251) have established mandatory procedural bars against successive filings. The relator's previous application for post-conviction relief was denied by the district court, and that ruling is now final. Moving forward, the relator must demonstrate that a narrow exception permitting a successive application applies, as they have exhausted their right to state collateral review. The district court is instructed to make a minute entry consistent with this ruling.
Legal Issues Addressed
Exhaustion of Post-Conviction Relief Rightssubscribe to see similar legal issues
Application: The relator has exhausted the right to seek further post-conviction relief in the state court system.
Reasoning: The relator has exhausted the right to seek post-conviction relief in state court.
Finality of District Court Ruling on Previous Applicationsubscribe to see similar legal issues
Application: The denial of the relator's previous application for post-conviction relief is now considered final and binding.
Reasoning: The relator's previous application for post-conviction relief was denied by the district court, and that ruling is now final.
Procedural Bars on Successive Filings under La. Acts 251 (2013)subscribe to see similar legal issues
Application: The relator is subject to mandatory procedural bars against successive post-conviction filings due to legislative amendments.
Reasoning: Amendments made by the Louisiana Legislature in 2013 (La. Acts 251) have established mandatory procedural bars against successive filings.
Requirement for Demonstrating Exceptions for Successive Applicationssubscribe to see similar legal issues
Application: The relator must show that their case falls under a narrow exception that allows for a successive post-conviction application.
Reasoning: Moving forward, the relator must demonstrate that a narrow exception permitting a successive application applies, as they have exhausted their right to state collateral review.
Requirement for District Court Minute Entrysubscribe to see similar legal issues
Application: The district court is instructed to record a minute entry that aligns with this ruling.
Reasoning: The district court is instructed to make a minute entry consistent with this ruling.
Successive Post-Conviction Applications under La.C.Cr. P. art. 930.4subscribe to see similar legal issues
Application: Any further applications by the relator for post-conviction relief must meet the specific criteria for successive filings as outlined in the relevant code.
Reasoning: Louisiana's post-conviction procedures allow for a second or successive application only under specific circumstances outlined in La.C.Cr. P. art. 930.4 and within the time limits set by La.C.Cr. P. art. 930.8.
Timeliness of Writ Filing under La.S.Ct. R. X. 5subscribe to see similar legal issues
Application: The writ submitted by the relator was dismissed due to being filed after the deadline specified by the rule.
Reasoning: The writ submitted by the relator is not considered due to being untimely filed according to La.S.Ct. R. X. 5.