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State v. Evans

SUPREME COURT OF LOUISIANA
Jan 28, 2019
262 So. 3d 275 (La. 2019)

Opinion

No. 2017-KP-1594

01-28-2019

STATE of Louisiana v. James Ray EVANS


ON SUPERVISORY WRITS TO THE FIRST JUDICIAL DISTRICT COURT, PARISH OF CADDO

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.

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 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.


Summaries of

State v. Evans

SUPREME COURT OF LOUISIANA
Jan 28, 2019
262 So. 3d 275 (La. 2019)
Case details for

State v. Evans

Case Details

Full title:STATE OF LOUISIANA v. JAMES RAY EVANS

Court:SUPREME COURT OF LOUISIANA

Date published: Jan 28, 2019

Citations

262 So. 3d 275 (La. 2019)