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State ex rel. Vines v. State

SUPREME COURT OF LOUISIANA
Jun 1, 2018
244 So. 3d 434 (La. 2018)

Opinion

No. 2017–KP–0678

06-01-2018

STATE EX REL. Sean Michael VINES v. STATE of Louisiana


ON SUPERVISORY WRITS TO THE 14TH JUDICIAL DISTRICT COURT, PARISH OF OUACHITA

PER CURIAM:

Denied. Relator's sentencing claim is not cognizable on collateral review. La.C.Cr.P. art. 930.3 ; State ex rel. Melinie v. State , 93-1380 (La. 1/12/96), 665 So.2d 1172 ; see also State v. Thomas, 08–2912, (La. 10/16/09), 19 So.3d 466.

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 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.


Summaries of

State ex rel. Vines v. State

SUPREME COURT OF LOUISIANA
Jun 1, 2018
244 So. 3d 434 (La. 2018)
Case details for

State ex rel. Vines v. State

Case Details

Full title:STATE EX REL. SEAN MICHAEL VINES v. STATE OF LOUISIANA

Court:SUPREME COURT OF LOUISIANA

Date published: Jun 1, 2018

Citations

244 So. 3d 434 (La. 2018)