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State v. Pennywell

SUPREME COURT OF LOUISIANA
Sep 24, 2019
279 So. 3d 908 (La. 2019)

Opinion

No. 2018-KH-1440

09-24-2019

STATE of Louisiana v. Tony Garnell PENNYWELL


ON SUPERVISORY WRITS TO THE NINTH JUDICIAL DISTRICT COURT, PARISH OF RAPIDES

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 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. Pennywell

SUPREME COURT OF LOUISIANA
Sep 24, 2019
279 So. 3d 908 (La. 2019)
Case details for

State v. Pennywell

Case Details

Full title:STATE OF LOUISIANA v. TONY GARNELL PENNYWELL

Court:SUPREME COURT OF LOUISIANA

Date published: Sep 24, 2019

Citations

279 So. 3d 908 (La. 2019)

Citing Cases

Pennywell v. Hooper

This decision was the basis for all subsequent denials of Pennywell's seeking post-conviction relief, both in…