State ex rel. Ward v. State

Summary

The Louisiana Supreme Court denied a relator’s application for post-conviction relief, holding that his sentencing claims were not cognizable on collateral review. The court concluded that the relator had fully litigated his state collateral-review application and could pursue a successive application only if a narrow statutory exception applied.

Holdings

1. Sentencing claims are not cognizable on collateral review under Louisiana Code of Criminal Procedure article 930.3.
2. A defendant may not seek review of a sentence imposed in conformity with a plea agreement when the agreement was set forth in the record at the time of the plea.
3. After a post-conviction application has been fully litigated, the denial is final and the relator has exhausted the right to state collateral review unless one of the narrow statutory exceptions for a successive application applies.
4. A challenge to a prior conviction alleged in a habitual offender bill must be made in a written response before sentence is imposed; a challenge not raised before sentencing may not later be used to attack the sentence.

Questions Presented

1. Whether relator's sentencing and habitual-offender claims were cognizable in an application for post-conviction relief.
2. Whether a defendant may challenge a sentence imposed in conformity with a negotiated plea agreement.
3. Whether relator had exhausted his right to state collateral review after fully litigating his post-conviction application, subject to the narrow statutory exceptions for successive applications.

Disposition

writ_denied