STATE EX REL. MELVIN LYNN JOHNSON, JR.
STATE OF LOUISIANA
SUPERVISORY WRITS TO THE FIRST JUDICIAL DISTRICT COURT,
PARISH OF CADDO
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.
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.
L. JOHNSON JR.
JUDICIAL DISTRICT COURT CADDO PARISH, LOUISIANA
Mosely, Jr. Judge
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.
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