Opinion
2022-KH-01390
02-14-2023
STATE OF LOUISIANA v. JEROME AYRO
IN RE: Jerome Ayro - Applicant Defendant; Applying For Supervisory Writ, Parish of Terrebonne, 32nd Judicial District Court Number(s) 379,198, Court of Appeal, First Circuit, Number(s) 2022 KW 0568;
ON SUPERVISORY WRITS TO THE THIRTY-SECOND JUDICIAL DISTRICT COURT, PARISH OF TERREBONNE
Writ application denied. See per curiam.
JLW
SJC
JTG
WJC
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), __ So.3d __.
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.