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State v. Kight

Supreme Court of Louisiana
Feb 8, 2022
No. 21-KH-1903 (La. Feb. 8, 2022)

Opinion

21-KH-1903

02-08-2022

STATE OF LOUISIANA v. DANIEL HEATH KIGHT


IN RE: Daniel Heath Kight - Applicant Defendant; Applying For Supervisory Writ, Parish of Calcasieu, 14th Judicial District Court Number(s) 27166-VC-2014, Court of Appeal, Third Circuit, Number(s) KH 21-00031;

February 08, 2022 Writ application denied. See per curiam.

JLW

JDH

SJC

JTG

WJC

JBM

PDG Supreme Court of Louisiana February 08, 2022

ON SUPERVISORY WRITS TO THE FOURTEENTH JUDICIAL DISTRICT COURT, PARISH OF CALCASIEU

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.


Summaries of

State v. Kight

Supreme Court of Louisiana
Feb 8, 2022
No. 21-KH-1903 (La. Feb. 8, 2022)
Case details for

State v. Kight

Case Details

Full title:STATE OF LOUISIANA v. DANIEL HEATH KIGHT

Court:Supreme Court of Louisiana

Date published: Feb 8, 2022

Citations

No. 21-KH-1903 (La. Feb. 8, 2022)