State ex rel. Gardner v. State, 241 So. 3d 301 (2018)

April 16, 2018 · Louisiana Supreme Court · No. 2018–KH–0327
241 So. 3d 301

STATE EX REL. Derrick GARDNER
v.
STATE of Louisiana

No. 2018-KH-0327

Supreme Court of Louisiana.

April 16, 2018

ON SUPERVISORY WRITS TO THE TWENTY-SIXTH JUDICIAL DISTRICT COURT, PARISH OF BOSSIER

PER CURIAM:

WRIT NOT CONSIDERED. Untimely filed pursuant to La.S.Ct.R. X § 5.

*302Relator has now exhausted the right to obtain 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 has filed an application for post-conviction relief in the district court, and the district court's ruling denying relief is now final. Hereafter, unless relator can show that one of the narrow exceptions authorizing the filing of a successive application applies, relator has exhausted the right to state collateral review. The district court is ordered to record a minute entry consistent with this per curiam.