2019-KH-01629 Precedential Writ application denied. Processed

Clerk of Court For the Court State Of Louisiana v. Rondy Vernon, Sr.

Louisiana Supreme Court · Filed August 14, 2020

Opinion text

The Supreme Court of the State of Louisiana
Clerk of Court
For the Court
STATE OF LOUISIANA
VS.
RONDY VERNON, SR.
No.2019-KH-01629
_ _ _ _ _ _
IN RE: Rondy Vernon, Sr. - Applicant Defendant; Applying For Supervisory Writ,
Parish of Washington, 22nd Judicial District Court Number(s) 97-CR4-67764, Court
of Appeal, First Circuit, Number(s) 2019 KW 0653;
_ _ _ _ _ _
August 14, 2020
Writ application denied. See per curiam.
BJJ
JDH
SJC
JTG
WJC
JHB
Weimer, J., recused.
Supreme Court of Louisiana
August 14, 2020
08/14/2020 "See News Release 029 for any Concurrences and/or Dissents."

08/14/20
S
UPREME COURT OF LOUISIANA
No
. 19-KH-1629
S
TATE OF LOUISIANA
v.
RO
NDY VERNON, SR.
O
N SUPERVISORY WRITS TO THE TWENTY-SECOND
JUDICIAL DISTRICT COURT, PARISH OF WASHINGTON
PE
R CURIAM:
D
enied. Applicant fails to show that the state withheld material exculpatory
evidence in violation of Brady v. Maryland , 373 U.S. 83, 83 S.Ct. 1194, 10
L.Ed.2d 215 (1963). As to his remaining claim, applicant fails to satisfy his post-
conviction burden of proof. La.C.Cr.P. art. 930.2.
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 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 applie s, applicant has exhausted his right to state collateral
review. The district court is ordered to record a minute entry consistent with this
per curiam.