State ex rel. Besse v. State

| denied. Relator’s post-conviction application, filed September 2, 2014, was not untimely filed in the district court pursuant to La.C.Cr.P. art. 930.8, because the court of appeal’s dismissal of relator’s second appeal on January 31, 2013, constitutes an affirmance of his sentence. See City of Shreveport v. Jones, 172 La. 833, 834, 135 So. 373, 374 (1931). Nonetheless, relator’s application is repetitive. La.C.Cr.P. art. 930.4.

Relator has now filed and fully litigated his second application for post-conviction relief in the state courts. Similar to federal habeas relief, see 28 U.S.C. §…