Opinion
No. 2016–KH–1666
12-05-2017
STATE EX REL. Robert SKIPPER v. STATE of Louisiana
ON SUPERVISORY WRITS TO THE SIXTH JUDICIAL DISTRICT COURT, PARISH OF MADISON
:
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. The application is also repetitive. La.C.Cr.P. art. 930.4. We attach hereto and make a part hereof the district court's written reasons denying relief.
Relator has now fully litigated several 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 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
IN THE SIXTH JUDICIAL DISTRICT COURT IN AND FOR THE PARISH OF MADISON - STATE OF LOUISIANA **************** ROBERT SKIPPER FILED: July 22, 2016. VERSUS NO. 19644 BURL CAIN, WARDEN CLERK: LOUISIANA STATE PRISON
JUDGMENT
This matter is before the Court on a Writ of Habeas Corpus Pursuant to Louisiana Constitution of 1974, Section 21, and Article 5, Section 2 Habeas Corpus Needful Writ.
In 1973, the Louisiana Supreme Court affirmed petitioner's conviction of the murder of J. T. Crockett. Therefore, the time for seeking post-conviction relief has long expired. No exception to the time limitation was alleged by Robert Skipper, as required by La. C. Cr. P. Art. 930.8.
The court also notes that Petitioner has filed numerous repetitive Motions and this is the latest in a long line of post-conviction pleadings that have been addressed on separate occasions with writs being sought and denied.
THEREFORE, IT IS ORDERED ADJUDGED AND DECREED the Writ of Habeas Corpus Pursuant to Louisiana Constitution of 1974, Section 21, and Article 5, Section 2 Habeas Corpus Needful Writ is hereby denied.
Signed in Tallulah, Louisiana, this 22 nd day of July, 2016.
MICHAEL E. LANCASTER JUDGE - DIVISION A Madam Clerk: Please serve: Robert Skipper #75027 Louisiana State Penitentiary Angola, Louisiana 70712 Darrel Vannoy, Warden Department of Safety and Corrections Post Office Box 94304 Baton Rouge, Louisiana 70804 Anita Mack Assistant District Attorney Post Office Box 1389 Tallulah, Louisiana 71282 DY. CLERK OF COURT MADISON PARISH