Opinion
No. 20-KH-0211
09-29-2020
STATE OF LOUISIANA v. GARY JEFFERSON
IN RE: Gary Jefferson - Applicant Defendant; Applying For Supervisory Writ, Parish of Orleans Criminal, Criminal District Court Number(s) 526-856, 528-035, Court of Appeal, Fourth Circuit, Number(s) 2019-K-0999; Writ application denied. See per curiam.
SJC
BJJ
JLW
JTG
WJC
JHB
Hughes, J., would grant for an evidentiary hearing.
Crain, J., concurs and assigns reasons. 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:
Denied. Applicant shows no lower court error.
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.