Clerk of Court For the Court State Of Louisiana v. Gary Jefferson
Clerk of Court For the Court State Of Louisiana v. Gary Jefferson, No. 2020-KH-00211 (La. Sept. 29, 2020).
Opinion text
The Supreme Court of the State of Louisiana
Clerk of Court
For the Court
STATE OF LOUISIANA
VS.
GARY JEFFERSON
No.2020-KH-00211
_ _ _ _ _ _
IN RE: Gary Jefferson - Applicant Defendant; Applying For Supervisory Writ,
Parish of Orleans Criminal, Criminal District Court Number(s) 526- 856, 528-035,
Court of Appeal, Fourth Circuit, Number(s) 2019-K-0999;
_ _ _ _ _ _
September 29, 2020
Writ application denied. See per curiam.
SJC
BJJ
JLW
JTG
WJC
JHB
Hughes, J., would grant for an evidentiary hearing.
Crain, J., concurs and assigns reasons.
S
upreme Court of Louisiana
September 29, 2020
09/29/2020 "See News Release 035 for any Concurrences and/or Dissents."
09/29/20
S
UPREME COURT OF LOUISIANA
No
. 20-KH-0211
S
TATE OF LOUISIANA
v.
G
ARY JEFFERSON
O
N SUPERVISORY WRITS TO THE CRIMINAL
DISTRICT COURT, PARISH OF ORLEANS
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 successive applica tion
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.