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State ex rel. Johnson v. State

Supreme Court of Louisiana

August 4, 2017

STATE EX REL. MELVIN LYNN JOHNSON, JR.
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 denying relief.

         Relator has now fully litigated two applications 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.

         STATE OF LOUISIANA

         v.

         MELVIN L. JOHNSON JR.

         No. 226, 004

         FIRST JUDICIAL DISTRICT COURT CADDO PARISH, LOUISIANA

         August, 06, 2015

         OPINION

          John Mosely, Jr. Judge

         The Court has for consideration the Petitioner's Uniform Application for Post-conviction Relief filed on September 18, 2014. For the reasons stated below the Petitioner's motion is DENIED.

         On August 20, 2003, Petitioner, present with counsel, was found guilty by jury of Armed Robbery. Whereupon, Petitioner was adjudicated a third felony habitual offender and sentenced tolife imprisonment at hard labor and committed to the Louisiana Department of Corrections, subject to the conditions provided by law. The Court ordered said sentence ...


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