Opinion
NO. 2017 KW 0174
05-01-2017
STATE OF LOUISIANA v. KEVIN HAYES
In Re: Kevin Hayes, applying for supervisory writs, 22nd Judicial District Court, Parish of St. Tammany, No. 498383. BEFORE: WELCH, CRAIN, AND HOLDRIDGE, JJ.
WRIT DENIED. Relator's application for postconviction relief requesting DNA testing failed to comply with the requirements set forth in La. Code Crim. P. art. 926.1. In particular, relator failed to: allege a factual explanation of why there is an articulable doubt, based on competent evidence whether or not introduced at trial, as to his guilt, and there is no indication that DNA testing would resolve the doubt and establish the innocence of relator; identify particular evidence for which DNA testing is sought; and allege in an affidavit that he is factually innocent of the crimes for which he was convicted.
Concerning relator's remaining claims, relator's writ application is an untimely, repetitive, and successive application for postconviction relief. See La. Code Crim. P. arts. 930.4 & 930.8. Having fully litigated his claims in accord with La. Code Crim. P. art. 930.6, hereafter, unless he can show that one of the narrow exceptions authorizing the filing of a successive application provided in La. Code Crim. P. art. 930.4 applies, relator has exhausted his right to postconviction relief. See State ex rel. Bonvillain v. State, 2015-2331 (La. 3/14/16), 186 So.3d 644 (per curiam).
WJC
GH
JEW
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT