Clerk of Court For the Court State Of Louisiana v. Joshua Ray Allen Armstrong
Clerk of Court For the Court State Of Louisiana v. Joshua Ray Allen Armstrong, No. 2020-KH-00349 (La. Sept. 29, 2020).
Authorities cited
Identified automatically; this list may not be exhaustive.
- State v. Counterman 475 So. 2d 336
Opinion text
The Supreme Court of the State of Louisiana
Clerk of Court
For the Court
STATE OF LOUISIANA
VS.
JOSHUA RAY ALLEN ARMSTRONG
No.2020-KH-00349
_ _ _ _ _ _
IN RE: Joshua Ray Allen Armstrong - Applicant Defendant; Applying For
Supervisory Writ, Parish of Morehouse, 4th Judicial District Court Number(s) 16 -
982F, Court of Appeal, Second Circuit, Number(s) 53,499-KH;
_ _ _ _ _ _
September 29, 2020
Writ application denied. See per curiam.
JHB
BJJ
JLW
JDH
SJC
JTG
WJC
Supreme Court of Louisiana
September 29, 2020
09/29/2020 "See News Release 035 for any Concurrences and/or Dissents."
*Retired Judge James Boddie, Jr., appointed Justice pro tempore, sitting for the vacancy in
Louisiana Supreme Court District 4.
09/29/20
S
UPREME COURT OF LOUISIANA
No
. 20-KH-0349
S
TATE OF LOUISIANA
v.
J
OSHUA RAY ALLEN ARMSTRONG
O
N SUPERVISORY WRITS TO THE FOURTH
JUDICIAL DISTRICT COURT, PARISH OF MOREHOUSE
PE
R CURIAM:
D
enied. Applicant fails to show that he is entitled to an out- of-time appeal
pursuant to State v. Counterman , 475 So.2d 336, 339 (La. 1985). Cf. La.C.Cr.P.
art. 930.2.
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 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.