2020-KH-00796 Precedential Writ application denied. Processed

Clerk of Court For the Court State Of Louisiana v. Otis Bedwell

Louisiana Supreme Court · Filed November 4, 2020

Opinion text

The Supreme Court of the State of Louisiana
Clerk of Court
For the Court
STATE OF LOUISIANA
VS.
OTIS BEDWELL
No.2020-KH-00796
_ _ _ _ _ _
IN RE: Otis Bedwell - Applicant Defendant; Applying For Supervisory Writ,
Parish of Livingston, 21st Judicial District Court Number(s) 15 -FELN-032,686,
First Circuit Court of Appeal, Number(s) 2020 KW 0208;
_ _ _ _ _ _
November 04, 2020
Writ application denied. See per curiam.
SJC
JLW
JTG
WJC
JHB
Supreme Court of Louisiana
November 04, 2020
11/04/2020 "See News Release 042 for any Concurrences and/or Dissents."

11/04/20
S
UPREME COURT OF LOUISIANA
No
. 20-KH-0796
S
TATE OF LOUISIANA
v.
OTI
S L. BEDWELL
O
N SUPERVISORY WRITS TO THE TWENTY-FIRST
JUDICIAL DISTRICT COURT, PARISH OF LIVINGSTON
PE
R CURIAM:
D
enied. A portion of the application is repetitive. La.C.Cr.P. art. 930.4. As
to his remaining claims, 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 i n
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.