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State v. Duperon

STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT
Jun 25, 2018
NO. 2018 KW 0472 (La. Ct. App. Jun. 25, 2018)

Opinion

NO. 2018 KW 0472

06-25-2018

STATE OF LOUISIANA v. CARL A. DUPERON


In Re: Carl A. Duperon, applying for supervisory writs, 22nd Judicial District Court, Parish of St. Tammany, No. 509,240. BEFORE: GUIDRY, PETTIGREW AND CRAIN, JJ.

WRIT DENIED.

WJC

JTP

Guidry, J., concurs. Relator's writ application is an untimely, repetitive, and successive application for postconviction relief. See La. Code Crim. P. arts. 930.4 & 930.8. Having fully litigated his claims in accord with La. Code Crim. P. art. 930.6, hereafter, unless he can show that one of the narrow exceptions authorizing the filing of a successive application provided in La. Code Crim. P. art. 930.4 applies, relator has exhausted his right to postconviction relief. See State ex rel. Duperon v. State, 2015-2154 (La. 3/13/17), 213 So.3d 1144 (per curiam); see also State ex rel. Bonvillain v. State, 2015-2331 (La. 3/14/16), 186 So.3d 644 (per curiam).

Furthermore, for the inmate requesting documents in anticipation of a collateral attack on his conviction, he cannot make a showing of a particularized need absent a properly filed application for postconviction relief, which sets out specific claims of constitutional errors requiring the requested documentation for support. See State ex rel. Bernard v. Criminal District Court Section "J", 94-2247 (La. 4/28/95), 653 So.2d 1174, 1175 (per curiam). Because the time limitation set forth in La. Code Crim. P. art. 930.8(A) has elapsed, relator would also have to meet one of the exceptions to the time limit specified in La. Code Crim. P. art. 930. 8. See State ex rel. Fleury v. State, 93-2898 (La. 10/13/95), 661 So.2d 488. COURT OF APPEAL, FIRST CIRCUIT /s/_________

DEPUTY CLERK OF COURT

FOR THE COURT


Summaries of

State v. Duperon

STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT
Jun 25, 2018
NO. 2018 KW 0472 (La. Ct. App. Jun. 25, 2018)
Case details for

State v. Duperon

Case Details

Full title:STATE OF LOUISIANA v. CARL A. DUPERON

Court:STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT

Date published: Jun 25, 2018

Citations

NO. 2018 KW 0472 (La. Ct. App. Jun. 25, 2018)