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State v. Hypolite

SUPREME COURT OF LOUISIANA
Oct 8, 2018
253 So. 3d 1277 (La. 2018)

Opinion

No. 2017-KP-1393

10-08-2018

STATE of Louisiana v. Alcide HYPOLITE


ON SUPERVISORY WRITS TO THE FIFTEENTH JUDICIAL DISTRICT COURT, PARISH OF LAFAYETTE

PER CURIAM:

Denied. Relator fails to show he was denied access to the courts by an arbitrary and unjustified enforcement of the uniform rules governing the filing of applications in the court of appeal, and thus shows no error.

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. Hypolite

SUPREME COURT OF LOUISIANA
Oct 8, 2018
253 So. 3d 1277 (La. 2018)
Case details for

State v. Hypolite

Case Details

Full title:STATE OF LOUISIANA v. ALCIDE HYPOLITE

Court:SUPREME COURT OF LOUISIANA

Date published: Oct 8, 2018

Citations

253 So. 3d 1277 (La. 2018)

Citing Cases

Hypolite v. Lafayette Clerk of Court Office & Attorney Cearley W. Fontenot

Hereafter, unless he can show that one of the narrow exceptions authorizing the filing of a successive…