Opinion
2023-KH-00694
10-31-2023
STATE OF LOUISIANA v. ANTHONY SMITH
IN RE: Anthony Smith - Applicant Defendant; Applying For Supervisory Writ, Parish of East Feliciana, 20th Judicial District Court Number(s) 99-CR-760, Court of Appeal, First Circuit, Number(s) 2023 KW 0212;
Writ application denied. See per curiam.
JLW
SJC
JTG
WJC
JBM
PDG
Hughes, J., recused.
ON SUPERVISORY WRITS TO THE TWENTIETH JUDICIAL DISTRICT COURT, PARISH OF EAST FELICIANA
PER CURIAM
Denied. The application is repetitive. La.C.Cr.P. art. 930.4.
Applicant has now fully litigated several applications 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.