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State ex rel. Bradley v. State

Supreme Court of Louisiana

May 26, 2017

STATE EX REL. DEMETRIUS BRADLEY
v.
STATE OF LOUISIANA

         ON SUPERVISORY WRITS TO THE FIRST JUDICIAL DISTRICT COURT, PARISH OF CADDO

          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. We attach hereto and make a part hereof the district court's written reasons for judgment.

         Relator has now fully litigated at least one 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 has filed an application for post-conviction relief in the district court, and the district court's ruling denying relief is now 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.

         STATE OF LOUSIANA

         v.

DEMETRIUS BRADLEY

         DOCKET NO.: 240612 (SECTION 1)

         FIRST JUDICIAL DISTRICT COURT CADDO PARISH, LOUISIANA

         OPINION

          Honorable Katherine Clark Dorroh District Judge.

         On August 15, 2008, Petitioner was found guilty of two counts of Armed Robbery with a Firearm after a bench trial. A Multiple Offender Hearing was held on January 26, 2009, and Petitioner was adjudicated as a Second Felony Habitual Offender as to each count. He was ordered to pay court costs and to be confined at hard labor for a period of fifty-seven (57) years. Petitioner was subsequently committed to the Louisiana Department of Corrections, subject to the conditions provided by law. The Court ordered each sentence to be served without the benefit of probation, parole, or suspension of sentence and to run concurrently with any other sentence. Petitioner was also given credit for time served. On appeal, the Second Circuit affirmed Petitioner's conviction and sentence. State v. Bradley, 44, 963 (La.App. 2 Cir. 3/3/10); 33 So.2d 939 rehearing denied, (4/8/10), writ denied, 2010-1090 (La. 12/10/10); 51 So.2d 723.

         Currently, the Court has for its consideration Petitioner's Application for Post-Conviction Relief, filed on August 4, 2015. For the following reasons, Petitioner's Application is DENIED.

         This is the first Application for Post-Conviction Relief filed by the Petitioner. In his Application, Petitioner raises the following claims: (1) he contends that he received newly discovered facts, which demonstrate that his Sixth Amendment right to a fair trial was violated, (2) his Fourteenth Amendment right to due process was violated when State witnesses falsely testified at trial, and (3) his trial counsel failed to object to false testimony at trial, violating Petitioner's ...


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