Opinion
No. 2022-KH-01390
02-14-2023
STATE of Louisiana v. Jerome AYRO
Writ application denied. See per curiam.
Hughes, J., dissents and would grant in part.
Genovese, J., concurs in the result.
McCallum, J., dissents and would grant in part.
Griffin, J., dissents and would grant in part.
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 ; State ex rel. Glover v. State , 93-2330 (La. 9/5/95), 660 So.2d 1189. Applicant also fails to satisfy his post-conviction burden of proof. See La.C.Cr.P. art. 930.2 ; see also State v. Reddick , 2021-01893 (La. 10/21/22), 351 So.3d 273.
Applicant 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. 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.