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State v. Thomas

SUPREME COURT OF LOUISIANA
Aug 14, 2020
300 So. 3d 835 (La. 2020)

Opinion

No. 2019-KH-01312

08-14-2020

STATE of Louisiana v. Calvin THOMAS


ON SUPERVISORY WRITS TO THE CRIMINAL DISTRICT COURT, PARISH OF ORLEANS

PER CURIAM: Writ application denied. See per curiam.

Denied. The application was not timely filed in the district court, and applicant 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.

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. Thomas

SUPREME COURT OF LOUISIANA
Aug 14, 2020
300 So. 3d 835 (La. 2020)
Case details for

State v. Thomas

Case Details

Full title:STATE OF LOUISIANA v. CALVIN THOMAS

Court:SUPREME COURT OF LOUISIANA

Date published: Aug 14, 2020

Citations

300 So. 3d 835 (La. 2020)

Citing Cases

Thomas v. Louisiana

State v. Thomas, No. 2019-K-0410 (La.App. 4th Cir. June 26, 2019); State Rec., Vol. 3 of 4.State v. Thomas,…