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State v. Miller

Supreme Court of Louisiana.
Oct 28, 2016
203 So. 3d 218 (La. 2016)

Opinion

No. 2016-KP-0207

10-28-2016

State of Louisiana v. Corey Miller


PER CURIAM:

Not considered; untimely filed. La.S.Ct.R. X, § 5(a).

Relator has now fully litigated his application for post-conviction relief in state court. Similar to federal habeas relief, see28 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.


Summaries of

State v. Miller

Supreme Court of Louisiana.
Oct 28, 2016
203 So. 3d 218 (La. 2016)
Case details for

State v. Miller

Case Details

Full title:State of Louisiana v. Corey Miller

Court:Supreme Court of Louisiana.

Date published: Oct 28, 2016

Citations

203 So. 3d 218 (La. 2016)

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