State Of Louisiana v. Elijah Smith, III

Supreme Court of Louisiana
January 26, 2021
Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE OF LOUISIANA
VS.
ELIJAH SMITH, III
No.2020-KH-00666
_ _ _ _ _ _
IN RE: E
lijah Smith, III - Applicant Defendant; Applying For Supervisory Writ,
Parish of East Baton Rouge, 19th Judicial District Court Number(s) 06-12-1213, 1st
Circuit Court of Appeal, Number(s) 2020 KW 0155;
_ _ _ _ _ _
January 26, 2021
Writ application denied. See per curiam.
JTG
JLW
JDH
SJC
WJC
JBM
PDG
01/26/2021 “See News Release 004 for any Concurrences and/or Dissents.”

SUP
REME COURT OF LOUISIANA
No
. 20-KH-0666
EL
IJAH SMITH, III
v.
DARREL
VANNOY, WARDEN
ON S
UPERVISORY WRITS TO THE NINETEENTH
JUDICIAL DISTRICT COURT, PARISH OF EAST BATON ROUGE
PE
R CURIAM:
Denie
d. Applicant fails to satisfy his post-conviction burden of proof.
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 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 L a. 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 th e 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 aminute entry consistent with this per curiam.
01/26/2021