Opinion
No. 21-KH-0220
04-13-2021
STATE OF LOUISIANA v. CREIGHTON WUNEBERGER
CREIGHTON WUNEBERGER
VS.
STATE OF LOUISIANA, WARDEN LOUISIANA STATE PRISON IN RE: Creighton Wuneberger - Applicant Plaintiff; Applying For Supervisory Writ, Parish of Jefferson, 24th Judicial District Court Number(s) 01-5491, Court of Appeal, Fifth Circuit, Number(s) 20-KH-384; Writ application denied. See per curiam.
SJC
JLW
JDH
JTG
WJC
JBM
PDG
Supreme Court of Louisiana
April 13, 2021 /s/_________
Chief Deputy Clerk of Court
For the Court ON SUPERVISORY WRITS TO THE TWENTY-FOURTH JUDICIAL DISTRICT COURT, PARISH OF JEFFERSON 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.