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State v. Wortham

SUPREME COURT OF LOUISIANA
Sep 24, 2019
279 So. 3d 900 (La. 2019)

Opinion

No. 2019-KP-0678

09-24-2019

STATE of Louisiana v. Malik WORTHAM


ON SUPERVISORY WRITS TO THE TWENTY-SIXTH JUDICIAL DISTRICT COURT, PARISH OF BOSSIER

PER CURIAM:

Denied. Applicant fails to satisfy his post-conviction burden of proof. La.C.Cr.P. art. 930.2.

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. Wortham

SUPREME COURT OF LOUISIANA
Sep 24, 2019
279 So. 3d 900 (La. 2019)
Case details for

State v. Wortham

Case Details

Full title:STATE OF LOUISIANA v. MALIK WORTHAM

Court:SUPREME COURT OF LOUISIANA

Date published: Sep 24, 2019

Citations

279 So. 3d 900 (La. 2019)