Clerk of Court For the Court State Of Louisiana v. Kevin James Pitre

The Supreme Court of the State of Louisiana
Clerk of Court
For the Court
STATE OF LOUISIANA
VS.
KEVIN JAMES PITRE
No.2020-KH-00612
_ _ _ _ _ _
IN RE: Kevin James Pitre - Applicant Defendant; Applying For Supervisory Writ,
Parish of Evangeline, 13th Judicial District Court Number(s) 65996 -FB, Court of
Appeal, Third Circuit, Number(s) KH-18-00342;
_ _ _ _ _ _
October 20, 2020
Writ application denied. See per curiam.
JHB
BJJ
JLW
JDH
SJC
WJC
Genovese, J., recused.
Supreme Court of Louisiana
October 20, 2020
10/20/2020 "See News Release 040 for any Concurrences and/or Dissents."

10/20/20
S
UPREME COURT OF LOUISIANA
No
. 20-KH-0612
S
TATE OF LOUISIANA
v.
K
EVIN JAMES PITRE
O
N SUPERVISORY WRITS TO THE THIRTEENTH
JUDICIAL DISTRICT COURT, PARISH OF EVANGELINE
PE
R CURIAM:
D
enied. Applicant does not identify an illegal term in his sentence, and
therefore, his filing is properly construed as an application for post-conviction
relief. See State v. Parker , 98 -0256 (La. 5/8/98), 711 So.2d 694. As such, it is
subject to the time limitation set forth in La.C.Cr.P. art. 930.8. The application was
not timely filed in the district court, and applicant fails to carry his 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 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 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

2

successive application applies, ap plicant has exhausted his right to state collateral
review. The district court is ordered to record a minute entry consistent with this
per curiam.