Opinion
No. 2015–KH–1924
12-16-2016
STATE EX REL. Mark MCNEAL v. STATE of Louisiana
PER CURIAM:
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. We attach hereto and make a part hereof the District Court's written reasons denying relator's application.
Relator has now fully litigated two 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. 930.4 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.
HUGHES, J., would grant the writ for an evidentiary hearing.
Attachment CRIMINAL DOCKET NO. 288,605 DIVISION "C"
STATE OF LOUISIANA NINTH JUDICIAL DISTRICT COURT VERSUS PARISH OF RAPIDES MARK MCNEAL STATE OF LOUISIANA
ORDER
This matter comes before the Court on Defendant's Motion for various forms of Post Conviction Relief: Appeal, and Writ of Habeas Corpus.
The defendant was found guilty of the offenses of Attempted Possession of CDS on 12/11/07. After reviewing the record; the Court finds that Defendant's motions for Post Conviction Relief has exceeded the time limitation for filing motions for Post Conviction Relief under Code of Criminal Procedure Article 930.8. Accordingly,
IT IS ORDERED that Defendant's Motion is DENIED.
THUS DONE AND SIGNED, this 21 day of April , 2015, in Alexandria, Louisiana.
JUDGE MARY L. DOGGETT NINTH JUDICIAL DISTRICT COURT DIVISION "C"
PLEASE SERVE:
Mark McNeal @ 203324 David Wade Corr. Ctr. — H4B Homer La. 71040 Hughes, J., would grant the writ for an evidentiary hearing.