State Of Louisiana v. Jan Porretto

Supreme Court of Louisiana
December 08, 2020
Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE OF LOUISIANA
VS.
JAN PORRETTO
No.2019-KH-02058
_ _ _ _ _ _
IN RE: Jan Porretto - Applicant Defendant; Applying For Supervisory Writ,
Parish of
Jefferson, 24th Judicial District Court Number(s) 80-1980, ;
_ _ _ _
_ _
December 08, 2020
Writ application denied. See
per curiam.
Johnson, C.J., w
ould grant and assigns
reasons. Weimer, J.
, would grant and assigns
reasons. Hughes,
J., would grant and assigns
reasons.
WJC
SJC
JTG
JBM
12/08/2020 “See News Release 047 for any Concurrences and/or Dissents.”

12/08/20
S
UPREME COURT OF LOUISIANA
No
. 19-KH-2058
S
TATE OF LOUISIANA
v.
J
AN PORRETTO
O
N SUPERVISORY WRITS TO THE TWENTY-FOURTH
JUDICIAL DISTRICT COURT, PARISH OF JEFFERSON
PE
R CURIAM:
D
enied. Applicant shows no lower court error.
Applicant has now fully litigated multiple 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 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.