# State v. Brown

> Supreme Court of Louisiana · March 18, 2019 · 265 So. 3d 764

URL: https://www.frixlaw.com/law-library/cases/7638437

## Case

- **Full name:** STATE of Louisiana v. Patrick BROWN
- **Court:** Supreme Court of Louisiana
- **Decided:** March 18, 2019
- **Citations:** 265 So. 3d 764
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7638437

## Opinion text

PER CURIAM:
Denied. The application was not timely filed in the district court, and applicant *765 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 .
Applicant 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. Applicant'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, applicant has exhausted his right to state collateral review. The district court is ordered to record a minute entry consistent with this per curiam.
HUGHES, J., would grant for an evidentiary hearing.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7638437. Public record. Not legal advice.