From Casetext: Smarter Legal Research

State v. Hayes

Supreme Court of Louisiana
May 2, 2023
359 So. 3d 1271 (La. 2023)

Opinion

No. 2022-KH-01447.

05-02-2023

STATE of Louisiana v. Skylleur HAYES.


Applying For Supervisory Writ, Parish of Terrebonne, 32nd Judicial District Court Number(s) 679,499, Court of Appeal, First Circuit, Number(s) 2022 KW 0615.

Writ application denied. See per curiam.

PER CURIAM:

Denied. Applicant shows no lower court error.

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.


Summaries of

State v. Hayes

Supreme Court of Louisiana
May 2, 2023
359 So. 3d 1271 (La. 2023)
Case details for

State v. Hayes

Case Details

Full title:STATE OF LOUISIANA v. SKYLLEUR HAYES

Court:Supreme Court of Louisiana

Date published: May 2, 2023

Citations

359 So. 3d 1271 (La. 2023)

Citing Cases

Hayes v. Hooper

State v. Hayes, No. 2022 KW 0615, 2022 WL 3074135 (La.App. 1st Cir. Aug. 2, 2022); Rec. Doc. 13, p. 740.…