From Casetext: Smarter Legal Research

State v. Lee

SUPREME COURT OF LOUISIANA
Feb 25, 2019
264 So. 3d 444 (La. 2019)

Opinion

No. 2018-KP-0779

02-25-2019

STATE of Louisiana v. William Wayne LEE, Jr.


ON SUPERVISORY WRITS TO THE TWENTY-SECOND JUDICIAL DISTRICT COURT, PARISH OF ST. TAMMANY

PER CURIAM:

Denied. The application was not timely filed in the district court, and relator 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.Relator has now fully litigated his third 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. Relator'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, relator 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. Lee

SUPREME COURT OF LOUISIANA
Feb 25, 2019
264 So. 3d 444 (La. 2019)
Case details for

State v. Lee

Case Details

Full title:STATE OF LOUISIANA v. WILLIAM WAYNE LEE, JR.

Court:SUPREME COURT OF LOUISIANA

Date published: Feb 25, 2019

Citations

264 So. 3d 444 (La. 2019)

Citing Cases

State v. Lee

See State v. Lee, 18-0779 (La. 2/25/19), 264 So.3d 444 (claiming in relevant part that the autopsy was…