Opinion
NO. 2017 KW 1692
03-05-2018
STATE OF LOUISIANA v. WALTER A. KOTT, JR.
In Re: Walter A. Kott, Jr., applying for supervisory writs, 22nd Judicial District Court, Parish of St. Tammany, No. 378,041. BEFORE: McCLENDON, WELCH AND THERIOT, JJ.
WRIT DENIED.
MRT
McClendon, J., concurs. 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).
Welch, J., dissents and would grant the writ application and order the district court to review relator's claim regarding the new report by an expert witness to determine if the report is considered newly discovered evidence of ineffective assistance of counsel under La. Code Crim. P. art. 930.8. COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT