Opinion
No. 2015–KH–0154.
04-04-2016
STATE ex rel. Lucien P. BAZLEY v. STATE of Louisiana.
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), 660 So.2d 1189. In addition, the application is repetitive. La.C.Cr.P. art. 930.4. We attach hereto and make a part hereof the District Court's written reasons denying relator's application.
Relator has now fully litigated at least five applications 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 La.C.Cr.P. art. 930.4and 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.
TWENTY-FOURTH JUDICIAL DISTRICT COURT PARISH OF JEFFERSON STATE OF LOUISIANA NO. 07-2459 DIVISION "A" STATE OF LOUISIANA VERSUS LUCIEN BAZLEY FILED: 10-6-14 DEPUTY CLERK ORDER This matter comes before the court on the petitioner's APPLICATION FOR POST-CONVICTION RELIEF, STAMPED AS FILED OCTOBER 2, 2014. The petitioner has filed numerous challenges to his convictions. Notably, on December 8, 2011, this court denied petitioner's application for post-conviction relief, in which he raised eleven separate claims. On March 1, 2012, this court denied another application for post-conviction relief. The petitioner now files the instant application, stating he wishes to raise ten claims. Upon review of the record and pleadings, it is apparent that this supplemental brief is procedurally barred. Post-conviction statutes mandate that unless required in the interest of justice, any claim which was litigated on appeal shall not be considered. La.-C.Cr.P. art. 930.4 (A). A successive post-conviction application may be dismissed if it fails to raise a new or different claim. LSA-C.Cr.P. art. 930.4 (D). Likewise, a successive post-conviction application may be dismissed if it raises a new or different claim that was inexcusably omitted from a prior application. LSA-C.Cr.P. art. 930.4(E). Finally, there are time limits for seeking post-conviction relief, which have been exceeded in the petitioner's case. The court finds no reason to reconsider its previous denials of post-conviction relief. The court finds the petitioner's present pleading untimely, repetitive, and successive. Accordingly, IT IS ORDERED BY THE COURT that the petitioner's motion be and is hereby DENIED. Gretna, Louisiana this 7th day of October, 2014. PLEASE SERVE: JUDGE PRISONER: Lucien Bazley, DOC #358366, Rayburn Correctional Center, 27268 Hwy, 21, Angie, LA 70426