Opinion
No. 2015–KH–1046.
04-15-2016
STATE ex rel. Shamichael Toro TILLMAN v. STATE of Louisiana.
Denied. Relator's fails to show his application was timely filed in the district court or that any exception to the two-year time limitations period applies. La.C.Cr.P. art. 930.8 ; State ex rel. Glover v. State, 93–2330 (La.9/5/95), 660 So.2d 1189. See also State ex rel. Hall v. State, 99–0326 (La.9/24/99), 871 So.2d 1071. Moreover, even if the application was filed timely, relator fails to show he received ineffective assistance counsel under the standard of Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984).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.