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State v. Brumfield

Supreme Court of Louisiana.
Feb 14, 2023
355 So. 3d 609 (La. 2023)

Opinion

No. 2022-KH-01299

02-14-2023

STATE of Louisiana v. Stanley James BRUMFIELD


Writ application denied. See per curiam.

Weimer, C. J., recused.

PER CURIAM:

Denied. Applicant shows no lower court error.

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.


Summaries of

State v. Brumfield

Supreme Court of Louisiana.
Feb 14, 2023
355 So. 3d 609 (La. 2023)
Case details for

State v. Brumfield

Case Details

Full title:STATE of Louisiana v. Stanley James BRUMFIELD

Court:Supreme Court of Louisiana.

Date published: Feb 14, 2023

Citations

355 So. 3d 609 (La. 2023)

Citing Cases

Brumfield v. State

State v. Brumfield, 2022 KW 0557, 2022 WL 2807868 (La.App. 1st Cir. July 18, 2022); ECF No. 12 at 470,…