State Of Louisiana v. Derrick Trieveno Mitchell

Supreme Court of Louisiana
July 17, 2020
Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE OF LOUISIANA
VS.
DERRICK TRIEVENO MITCHELL
No.2019-KH-01597
_ _
_ _ _ _
I
N RE: Derrick Trieveno Mitchell - Applicant Defendant; Applying For Supervisory
Writ, Parish of Lincoln, 3rd Judicial District Court Number(s) 44,360, Court of
Appeal, Second Circuit, Number(s) 53,180-KH;
_ _ _ _ _ _
July 17, 2020
Writ application denied. See per curiam.
JLW
JDH
SJC
JTG
WJC
JHB
07/17/2020 "See News Release 026 for any Concurrences and/or Dissents."

07/17/20
SUPRE
ME COURT OF LOUISIANA
No.
19-KH-1597
STA
TE OF LOUISIANA
v.
DER
RICK TRIEVENO MITCHELL
ON S
UPERVISORY WRITS TO THE THIRD
JUDICIAL DISTRICT COURT, PARISH OF LINOLN
PER CURI
AM:
De
nied. The application was not timely filed in the district court, and
applicant fails to carry his burden to show that an exception applies. La.C.Cr.P. art.
930.8; State ex rel. Glover v. State , 93 -2330 (La. 9/5/95), 660 So.2d 1189. The
application is also repetitive. La.C.Cr.P. art. 930.4.
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.
*Crain, Justice, recused