STATE EX REL RICE v. STATE, 99-0496 (La. 11/12/99); 749 So.2d 650

STATE EX REL KENNETH W. RICE v. STATE OF LOUISIANA

No. 99-KH-0496Supreme Court of Louisiana.
November 12, 1999

IN RE: Rice, Kenneth W.; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Lafayette, 15th Judicial District Court Div. K, Nos. 65,521; to the Court of Appeal, Third Circuit, No. KW98-00444

Writ denied. The district judge did not abuse his discretion, see generally Carlin v. Cain, 97-2390 (La. 3/13/98), 706 So.2d 986, in finding relator’s failure to raise his claims in earlier applications for post-conviction relief inexcusable and in defaulting relator’s most recent application for this reason. We also note that the required Uniform Application for Post Conviction relief, see La.C.Cr.P. art. 926 (D); La.S.Ct.R. App’x A; U.R.C.A. App’x A, requires an inmate filing an application for post-conviction relief to “explain why” he may have “failed to raise [a particular] ground” in earlier proceedings. The Uniform Application thus in most cases both provides an inmate with an opportunity to explain his failure to raise a claim earlier and provides the district judge with enough information to undertake the informed exercise of his discretion and to determine whether default of an application under La.C.Cr.P. art. 930.4 (B), art. 930.4 (C), or art. 930.4 (E) is appropriate. Proper use of the Uniform Application thus satisfies the requirements of La.C.Cr.P. art. 930.4 (F) without the need for further filings, formal proceedings, or a hearing.

CDT

PFC

WFM

HTL

JPV

JTK

KIMBALL, J., not on panel.

Page 1