State ex rel. Shivers v. State, 254 So. 3d 685 (La. 2018). · Go Syfert
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State ex rel. Shivers v. State, 254 So. 3d 685 (La. 2018). Cases Citing This Book View Copy Cite
2 citation events across 1 distinct court.
Strongest positive: State v. Harris (lactapp, 2019-06-05)
Top citers, strongest first. 2 distinct citers. How cited ↗
discussed Cited "see, e.g." State v. Harris
La. Ct. App. · 2019 · signal: compare · confidence low
Compare State v. Aguillard , 14-0316 (La.App. 4 Cir. 3/4/15) , 158 So.3d 976 , writ granted, in part , and remanded , 15-589 (La. 2/26/16), 184 So.3d 1273 , writ denied after remand , 15-589 (La. 10/15/18), 254 So.3d 685 (distinguishing Ballard and holding that employment in law enforcement would unduly influence the verdict when the officer in question was the commander of the investigative unit responsible for the prosecution before the court and the State's witness was the law enforcement officer's supervisor).
discussed Cited "see, e.g." State v. Harris
La. Ct. App. · 2019 · signal: compare · confidence low
Compare State v. Aguillard , 14-0316 (La.App. 4 Cir. 3/4/15) , 158 So.3d 976 , writ granted, in part , and remanded , 15-589 (La. 2/26/16), 184 So.3d 1273 , writ denied after remand , 15-589 (La. 10/15/18), 254 So.3d 685 (distinguishing Ballard and holding that employment in law enforcement would unduly influence the verdict when the officer in question was the commander of the investigative unit responsible for the prosecution before the court and the State's witness was the law enforcement officer's supervisor).
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STATE EX REL. Foster SHIVERS, Jr.
v.
STATE of Louisiana
No. 2017-KH-1231.
Supreme Court of Louisiana.
Oct 15, 2018.
254 So. 3d 685
Published
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.

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 successive application only under the narrow[*686] 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.

Crichton, J., recused.