Opinion
No. 2015–KH–1828
11-15-2016
STATE EX REL. Troy Anthony GRIFFIN v. STATE of Louisiana
PER CURIAM:
Denied. The application was not timely filed in the district court, and relator 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. We attach hereto and make a part hereof the District Court's written reasons denying relator's application. In addition, relator's motion to dismiss his writ application is denied.Relator 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. Relator'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, relator has exhausted his right to state collateral review. The District Court is ordered to record a minute entry consistent with this per curiam.
Attachment
STATE OF LOUISIANA NUMBER: 62,358 VERSUS 42 JUDICIAL DISTRICT COURT TROY A. GRIFFIN DESOTO PARISH, LOUISIANA JUDGMENT ON APPLICATION FOR POST CONVICTION RELIEF
This matter was presented to the court on May 14, 2015 on petitioner's application for post conviction relief. Petitioner pled guilty to Second Degree Murder on February 12, 1988. The time delay for filing this petition has now run. Sec: La. C.Cr.P. Art. 930.8. As such, petitioner's application for post conviction relief is denied without the necessity of a hearing. La. C.Cr. P. Art. 929. Accordingly,
This matter was presented to the court on May 14, 2015 on petitioner's application for post conviction relief. Petitioner pled guilty to Second Degree Murder on February 12, 1988. The time delay for filing this petition has now run. Sec: La. C.Cr.P. Art. 930.8. As such, petitioner's application for post conviction relief is denied without the necessity of a hearing. La. C.Cr. P. Art. 929. Accordingly,
THUS DONE AND SIGNED in Mansfield, DeSoto Parish, Louisiana this 19 day of May, 2015.