State v. Gorman, 264 So. 3d 444 (2019)

Feb. 25, 2019 · Louisiana Supreme Court · No. 2018-KP-0647
264 So. 3d 444

STATE of Louisiana
v.
Gary Thomas GORMAN

No. 2018-KP-0647

Supreme Court of Louisiana.

February 25, 2019

ON SUPERVISORY WRITS TO THE TWENTY-FIRST JUDICIAL DISTRICT COURT, PARISH OF LIVINGSTON

PER CURIAM:

Denied. Relator's claim for relief has been fully litigated in an appeal from the proceedings leading to judgement of conviction and sentence and shall not considered. La.C.Cr.P. art. 930.4(A).

Relator 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 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'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, relator has exhausted his right to state collateral review. The district court is ordered to record a minute entry consistent with this per curiam.