Opinion
No. 2021-KH-00515
06-08-2021
DANIEL E. AUGUST v. DARREL VANOY, ET AL
IN RE: Daniel E. August - Applicant Plaintiff; Applying For Supervisory Writ, Parish of West Feliciana, 20th Judicial District Court Number(s) 17-WCR-693, Court of Appeal, First Circuit, Number(s) 2019 CW 1108; Writ application denied. See per curiam.
JBM
JLW
JDH
SJC
JTG
WJC
PDG
Supreme Court of Louisiana
June 08, 2021 /s/_________
Second Deputy Clerk of Court
For the Court
ON SUPERVISORY WRIT TO THE TWENTIETH JUDICIAL DISTRICT COURT, PARISH OF WEST FELICIANA
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; see State ex rel. Glover v. State, 93-2330, pp. 9-11 (La. 9/5/95), 660 So.2d 1189, 1195-96 (distinguishing habeas corpus from post-conviction relief and endorsing La.C.Cr.P. art. 351 and its cmt. (c), which states that "habeas corpus is not the proper procedural device for petitioners who may file applications for post conviction relief;" rather, it "deals with pre-conviction complaints concerning custody.").
Applicant has now fully litigated three applications 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.