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State ex rel. Ball v. State

Supreme Court of Louisiana

October 9, 2017

STATE EX REL. MICHAEL BALL
v.
STATE OF LOUISIANA

         ON SUPERVISORY WRITS TO THE TWENTY-FOURTH JUDICIAL DISTRICT COURT, PARISH OF JEFFERSON

          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 court of appeal's written reasons denying writs.

         Relator 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. 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.

         MICHAEL BALL

         v.

         STATE OF LOUISIANA

         No. 16-KH-283

         May 26, 2016

         IN RE MICHAEL BALL

         APPLYING FOR SUPERVISORY WRIT FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT, PARISH OF JEFFERSON, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE HENRY G. SULLIVAN, JR., DIVISION "M", NUMBER 11-396 '

          Panel composed of Judges Fredericks Horn berg Wicker, Robert M. Murphy, and Stephen J. Windhorst

         WRIT DENIED

         Relator, Michael Ball, seeks review of the trial court's denial of his application for post-conviction relief. For ...


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