Opinion
No. 2018-KK-1603
01-08-2019
ON WRIT OF CERTIORARI TO THE COURT OF APPEAL FIFTH CIRCUIT, PARISH OF JEFFERSON
Writ Granted. Respondent has exhausted his right to state collateral review and his claim raised herein is time barred as a matter of La. C.Cr.P. art. 930.8. See State ex rel. Joel Orellana v. State of Louisiana, 2016–1610 (La. 1/12/18), ––– So.3d ––––, 2018 WL 459744. Therefore, the judgment of the court of appeal ordering the district court to provide Respondent with a copy of his Boykin transcript free of charge is reversed. See State ex rel. Brown v. State of Louisiana, 2003-2568 (La. 3/26/04), 870 So.2d 976. Additionally, La. C.Cr.P. art. 930.4 bars the filing of successive post-conviction applications unless respondent can show an exception applies.
Johnson, C.J., would deny.
Genovese, J., would deny.