State Of Louisiana v. Donald Ross

Supreme Court of Louisiana
July 24, 2020
Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE OF LOUISIANA
VS.
DONALD ROSS
No.2019-KH-01635
_ _
_ _ _ _
I
N RE: Donald Ross - Applicant Defendant; Applying For Supervisory Writ, Parish
of Assumption, 23rd Judicial District Court Number(s) 88-67, Court of Appeal, First
Circuit, Number(s) 2019 KW 0626;
_ _ _ _ _ _
July 24, 2020
Writ application denied. See per curiam.
SJC
BJJ
JLW
JDH
JTG
WJC
JHB
07/24/2020 "See News Release 027 for any Concurrences and/or Dissents."

07/24/20
S
UPREME COURT OF LOUISIANA
No
. 19-KH-1635
S
TATE OF LOUISIANA
v.
DO
NALD ROSS
O
N SUPERVISORY WRITS TO THE TWENTY-THIRD
JUDICIAL DISTRICT COURT, PARISH OF ASSUMPTION
PE
R CURIAM:
D
enied. Applicant shows no lower court error.
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 suc cessive 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.