Opinion
No. 20-KP-1097
01-20-2021
STATE OF LOUISIANA v. JON WRAY BAUMBERGER
IN RE: Jon Wray Baumberger - Applicant Defendant; Applying For Supervisory Writ, Parish of Calcasieu, 14th Judicial District Court Number(s) 2519-VC-11, Court of Appeal, Third Circuit, Number(s) KW 19-00710; Writ application denied. See per curiam.
PDG
JLW
SJC
JTG
WJC
JBM
Hughes, J., would grant. Supreme Court of Louisiana
January 20, 2021 /s/_________
Clerk of Court
For the Court ON SUPERVISORY WRITS TO THE FOURTEENTH JUDICIAL DISTRICT COURT, PARISH OF CALCASIEU PER CURIAM:
Denied. Applicant shows no entitlement to DNA testing. See La.C.Cr.P. art. 926.1.
Applicant 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. Applicant'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, applicant has exhausted his right to state collateral review. The district court is ordered to record a minute entry consistent with this per curiam.