Opinion
No. 2015–KH–1235.
05-20-2016
STATE ex rel. Fredrick HARRIS v. STATE of Louisiana.
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.
Relator 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 La.C.Cr.P. art. 930.4 to make the procedural bars against successive filings mandatory. Relator's claims have now been fully litigated in state collateral proceedings in accord with La.C.Cr.P. art. 930.6, and this denial is final. Hereafter, unless relator 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: 227,351 (SECTION 1)
VERSUS
FIRST JUDICIAL DISTRICT COURT
FREDRICK HARRIS
CADDO PARISH, LOUISIANA
RULING
On January 19, 2005, Petitioner was convicted of forcible rape and public bribery. For his forcible rape conviction, Petitioner was sentenced to 11½ years at hard labor, with three years to be served without benefit of probation, parole or suspension of sentence. As to his conviction for public bribery, Petitioner was sentenced to serve one year at hard labor. The sentences were ordered to run concurrent to one another. Petitioner's conviction and sentence was affirmed on appeal and the Louisiana Supreme Court denied writs. State v. Harris, 40,499 (La. App. 2d Cir. 12/14/05), writ denied, 2006-0741 (La. 10/6/06), 938 So.2d 67. Petitioner had two years from October 6, 2006 to file an application for post-conviction relief. Petitioner filed his Petition on October 2, 2014.
Currently before the Court is Petitioner's Application for Post Conviction Relief. For the reasons that follow below, Petitioner's motion is DENIED.
Petitioner's application is untimely. Under Louisiana Code of Criminal Procedure article 930.8, Petitioner has two years from the judgment of conviction and sentence becoming final to file his application for post-conviction relief. More than two years have elapsed between the finality of Petitioner's conviction and the filing of this application. Additionally, Petitioner does not meet the requirements for any of the exceptions to the time limitations set forth in La. C. Cr. Pr. Art 930.8.
Accordingly, this application is DENIED.
Petitioner also filed a Writ of Mandamus because the Court had not ruled on his application. The Writ of Mandamus is moot with the filing of this opinion. Accordingly, the Writ of Mandamus filed by Petitioner on March 19, 2015 is DENIED.
The Clerk of Court is directed to provide a copy of this Ruling to the Petitioner and the District Attorney.
Signed this 6 th day of April, 2015, in Shreveport, Caddo Parish, Louisiana.
Honorable Katherine Clark Dorroh
District Judge
First Judicial District Court
DISTRIBUTION:
Caddo Parish District Attorney's Office
Fredrick Harris #494299
501 Texas Street
DWCC-H2A
Shreveport, LA 71101
670 Bell Hill Road
Homer, LA 71040-2150