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State v. Thibodaux

SUPREME COURT OF LOUISIANA
Jan 18, 2019
261 So. 3d 773 (La. 2019)

Opinion

No. 2017-KP-1452

01-18-2019

STATE of Louisiana v. Darnay THIBODAUX


ON SUPERVISORY WRITS TO THE TWENTY-SECOND JUDICIAL DISTRICT COURT, PARISH OF ST. TAMMANY

PER CURIAM:

Denied. Relator's guilty plea waived all non-jurisdictional defects in the proceedings leading to her conviction. State v. Crosby , 338 So.2d 584, 586 (La. 1976).

Relator has now fully litigated her 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 she can show that one of the narrow exceptions authorizing the filing of a successive application applies, relator has exhausted her right to state collateral review. The district court is ordered to record a minute entry consistent with this per curiam.


Summaries of

State v. Thibodaux

SUPREME COURT OF LOUISIANA
Jan 18, 2019
261 So. 3d 773 (La. 2019)
Case details for

State v. Thibodaux

Case Details

Full title:STATE OF LOUISIANA v. DARNAY THIBODAUX

Court:SUPREME COURT OF LOUISIANA

Date published: Jan 18, 2019

Citations

261 So. 3d 773 (La. 2019)

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