STATE ex rel. Eric GRESHAM v. STATE of Louisiana

Louisiana Supreme Court · April 4, 2016 · Docket No. 2015-KH-0276
188 So. 3d 255

Syllabus

STATE ex rel. Eric GRESHAM v. STATE of Louisiana. No. 2015-KH-0276. Supreme Court of Louisiana. April 4, 2016.

Full Opinion (1,101 characters)
PER CURIAM.
11 Denied. Relator’s application is repetitive. Cf. La.C.Cr.P. art. 930.4. We attach hereto and make a part hereof the District Court’s written reasons denying relator’s motion.
Relator has now fully litigated at least three 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 261 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.

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