Clerk of Court For the Court State Of Louisiana v. Terry Lyn Smith

The Supreme Court of the State of Louisiana
Clerk of Court
For the Court
STATE OF LOUISIANA
VS.
TERRY LYN SMITH
No.2019-KH-01630
_ _ _ _ _ _
IN RE: Terry Lyn Smith - Applicant Defendant; Applying For Supervisory Writ,
Parish of Livingston, 21st Judicial District Court Number(s) 29773, Court of Appeal,
First Circuit, Number(s) 2019 KW 0988;
_ _ _ _ _ _
August 14, 2020
Writ application denied. See per curiam.
JLW
BJJ
JDH
SJC
JTG
JHB
Crain, 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-1630
S
TATE OF LOUISIANA
v.
T
ERRY LYN SMITH
O
N SUPERVISORY WRITS TO THE TWENTY-FIRST
JUDICIAL DISTRICT COURT, PARISH OF LIVINGSTON
PE
R CURIAM:
D
enied. 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.
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 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 re view. The district
court is ordered to record a minute entry consistent with this per curiam.