Opinion
2022-KH-01461
02-14-2023
STATE OF LOUISIANA v. CHARLES GRAY
IN RE: Charles Gray - Applicant Defendant; Applying For Supervisory Writ, Parish of Ouachita, 4th Judicial District Court Number(s) 87F45518, Court of Appeal, Second Circuit, Number(s) 54,880-KH;
ON SUPERVISORY WRITS TO THE FOURTH JUDICIAL DISTRICT COURT, PARISH OF OUACHITA
Writ application denied. See per curiam.
JBM
JLW
JDH
SJC
JTG
WJC
PDG
PER CURIAM
Denied. Applicant shows no entitlement to DNA testing. See La.C.Cr.P. art. 926.1.
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 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.