State Of Louisiana v. Frank Kang

Supreme Court of Louisiana
March 02, 2021
Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE OF LOUISIANA
VS.
FRANK KANG
No.2020-KP-00455
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I
N RE: Frank Kang - Applicant Defendant; Applying For Supervisory Writ, Parish
of Jefferson, 24th Judicial District Court Number(s) 00-1409, Court of Appeal, Fifth
Circuit, Number(s) 2019-KH-227;
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March 02, 2021
Writ application denied. See per curiam.
JBM
JLW
JDH
SJC
JTG
WJC
PDG
03/02/2021 "See News Release 008 for any Concurrences and/or Dissents."

SUPREME COURT OF LOUISANA
NO. 2020-KP-00455
STATE OF LOUISIANA
VS.
FRANK KANG
ON SUPERVIOSRY WRIT TO THE TWENTY-FOURTH
JUDIDICAL DISTRICT COURT, PARISH OF JEFFERSON
PER CURIAM:
Denied. The application was not timely filed in the district court, applicant
fails to carry his burden to show that an exception applies, and shows no lower court
error. 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 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. 93 0.4 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.
03/02/21