Ex Rel. Emilio Calderon v. Darrel Vannoy Warden

Supreme Court of Louisiana
June 12, 2020
Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
EX REL. EMILIO CALDERON
VS.
DARREL VANNOY WARDEN
No.2019-KH-01841
_ _
_ _ _ _
I
N RE: Emilio Calderon - Applicant Plaintiff; Applying For Supervisory Writ,
Parish of Jefferson, 24th Judicial District Court Number(s) 14- 3090, Court of
Appeal, Fifth Circuit, Number(s) 19-KH-440;
_ _ _ _ _ _
June 12, 2020
Writ application denied. See per curiam.
JDH
BJJ
JLW
SJC
JTG
WJC
JHB
06/12/2020 "See News Release 021 for any Concurrences and/or Dissents."

06/12/20
S
UPREME COURT OF LOUISIANA
No
. 19-KH-1841
EX
REL. EMILIO CALDERON
v.
DARRE
L VANNOY, WARDEN
O
N SUPERVISORY WRITS TO THE TWENTY-FOURTH
JUDICIAL DISTRICT COURT, PARISH OF JEFFERSON
PE
R CURIAM:
De
nied. Applicant fails to satisfy his post-conviction burden of proof.
La.C.Cr.P. art. 930.2. 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.