Clerk of Court For the Court State Of Louisiana v. Johnny W. Robbins
Clerk of Court For the Court State Of Louisiana v. Johnny W. Robbins, No. 2020-KH-00010 (La. Aug. 14, 2020).
Opinion text
The Supreme Court of the State of Louisiana
Clerk of Court
For the Court
STATE OF LOUISIANA
VS.
JOHNNY W. ROBBINS
No.2020-KH-00010
_ _ _ _ _ _
IN RE: Johnny W. Robbins - Applicant Defendant; Applying For Supervisory Writ,
Parish of Caddo, 1st Judicial District Court Number(s) 109698;
_ _ _ _ _ _
August 14, 2020
Writ application denied.
JHB
JLW
JDH
SJC
JTG
WJC
Johnson, C.J., would grant and assigns reasons.
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
. 20-KH-0010
S
TATE OF LOUISIANA
v.
J
OHNNY W. ROBBINS
O
N SUPERVISORY WRITS TO THE FIRST
JUDICIAL DISTRICT COURT, PARISH OF CADDO
PE
R CURIAM:
D
enied. Applicant shows no entitlement to DNA testing. See La.C.Cr.P. art.
926.1.
Applicant has now fully litigated several 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 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 m ake 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 f iling 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.