State Of Louisiana v. Alasundria Avery A/k/a Alasundeia Avery

Supreme Court of Louisiana
August 14, 2020
Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE OF LOUISIANA
VS.
ALASUNDRIA AVERY
A/K/A ALASUNDEIA AVERY
No.2019-KH-02000
_ _ _ _ _ _
IN RE: Alasundria Avery - Applicant Defendant; Applying For Supervisory Writ,
Parish of Caddo, 1st Judicial District Court Number(s) 301,212, Court of Appeal,
Second Circuit, Number(s) 53,322-KH;
_ _ _ _ _ _
August 14, 2020
Writ application denied. See per curiam.
Hughes, J., would grant.
BJJ
JLW
SJC
JTG
WJC
JHB
08/14/2020 "See News Release 029 for any Concurrences and/or Dissents."

08/14/20
S
UPREME COURT OF LOUISIANA
No
. 19-KH-2000
S
TATE OF LOUISIANA
v.
AL
ASUNDRIA AVERY AKA ALASUNDEIA AVERY
O
N SUPERVISORY WRITS TO THE FIRST
JUDICIAL DISTRICT COURT, PARISH OF CADDO
PE
R CURIAM:
Denie
d. The application was not timely filed in the district court, and
applicant fails to carry her 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 her 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 she can
show that one of the narrow exceptions authorizing the filing of a successive
application applies, applicant has exhausted her right to state collateral review. The
district court is ordered to record a minute entry consistent with this per curiam.