State Of Louisiana v. Biyare Henderson

Supreme Court of Louisiana
January 12, 2021
Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE OF LOUISIANA
VS.
BIYARE HENDERSON
No.2020-KH-00664
_ _
_ _ _ _
I
N RE: Biyare Henderson - Applicant Defendant; Applying For Supervisory Writ,
Parish of Caddo, 1st Judicial District Court Number(s) 243,087, Court of Appeal,
Second Circuit, Number(s) 53,633-KH;
_ _ _ _ _ _
January 12, 2021
Writ application denied. See per curiam.
C
richton, J., recused.
JDH
JLW
JTG
WJC
JBM
PDG
01/12/2021 “See News Release 001 for any Concurrences and/or Dissents.”

01/12/21
S
UPREME COURT OF LOUISIANA
No
. 20-KH-0664
S
TATE OF LOUISIANA
v.
B
IYARE HENDERSON
O
N SUPERVISORY WRITS TO THE FIRST
JUDICIAL DISTRICT COURT, PARISH OF CADDO
PE
R CURIAM:
D
enied. Applicant fails to show any lower court error in denying relief.
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 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.