State v. Felice, 264 So. 3d 1194 (2019)

March 6, 2019 · Louisiana Supreme Court · No. 18-KH-0369
264 So. 3d 1194

STATE of Louisiana
v.
Earnest J. FELICE aka E.J.F

No. 18-KH-0369

Supreme Court of Louisiana.

March 6, 2019

ON SUPERVISORY WRITS TO THE THIRTY-SIXTH JUDICIAL DISTRICT COURT, PARISH OF BEAUREGARD

PER CURIAM:

Denied. The application was not timely filed in the district court, and applicant 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), 660 So.2d 1189.

Applicant 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 *1195La.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. Applicant'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, the applicant has exhausted his right to state collateral review. The district court is ordered to record a minute entry consistent with this per curiam.