2019-KH-01610 Precedential Writ application denied. Processed

Clerk of Court For the Court State Of Louisiana v. Joseph Lawson

Louisiana Supreme Court · Filed August 14, 2020

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Opinion text

The Supreme Court of the State of Louisiana
Clerk of Court
For the Court
STATE OF LOUISIANA
VS.
JOSEPH LAWSON
No.2019-KH-01610
_ _ _ _ _ _
IN RE: Joseph Lawson - Applicant Defendant; Applying For Supervisory Writ,
Parish of Orleans, Criminal District Court Number(s) 271-110;
_ _ _ _ _ _
August 14, 2020
Writ application denied. See per curiam.
SJC
BJJ
JLW
JDH
JTG
WJC
JHB
Supreme Court of Louisiana
August 14, 2020
08/14/2020 "See News Release 029 for any Concurrences and/or Dissents."

08/14/20
SUPREME COURT OF LOUISIANA
No. 2019-KH-01610
STATE OF LOUISIANA
VS.
JOSEPH LAWSON
ON SUPERVISORY WRIT TO THE CRIMINAL DISTRICT COURT,
PARISH OF ORLEANS CRIMINAL
Denied. The application was not timely filed in the district court, and applicant
fails to carry his burd en to sho w 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 hab eas relief, see 28 U.S.C. § 2244, Louisiana post-
conviction procedure envisions the filing of a second or successive application only
under the nar row 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 successiv e
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 ex ceptions authorizing the filing of a successive application applies,
applicant h as exhausted his right to state collateral review. The district court is
ordered to record a minute entry consistent with this per curiam.