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State v. Clark

SUPREME COURT OF LOUISIANA
Sep 29, 2020
No. 20-KH-0197 (La. Sep. 29, 2020)

Opinion

No. 20-KH-0197

09-29-2020

STATE OF LOUISIANA v. ANDERSON CLARK


IN RE: Anderson Clark - Applicant Defendant; Applying For Supervisory Writ, Parish of Orleans Criminal, Criminal District Court Number(s) 358-792, Court of Appeal, Fourth Circuit, Number(s) 2019-K-1042; Writ application denied. See per curiam.

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BJJ

JLW

JDH

SJC

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WJC

Supreme Court of Louisiana
September 29, 2020 /s/_________

Clerk of Court

For the Court ON SUPERVISORY WRITS TO THE CRIMINAL DISTRICT COURT, PARISH OF ORLEANS PER CURIAM:

Retired Judge James Boddie, Jr., appointed Justice pro tempore, sitting for the vacancy in Louisiana Supreme Court District 4. --------

Denied. The application was not timely filed in the district court, and applicant 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. The application is also repetitive. La.C.Cr.P. art. 930.4.

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.


Summaries of

State v. Clark

SUPREME COURT OF LOUISIANA
Sep 29, 2020
No. 20-KH-0197 (La. Sep. 29, 2020)
Case details for

State v. Clark

Case Details

Full title:STATE OF LOUISIANA v. ANDERSON CLARK

Court:SUPREME COURT OF LOUISIANA

Date published: Sep 29, 2020

Citations

No. 20-KH-0197 (La. Sep. 29, 2020)