2020-KP-00864 Precedential Writ application denied. Processed

Clerk of Court For the Court Beatrice Jones v. State Of Louisiana

Louisiana Supreme Court · Filed February 9, 2021

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Opinion text

The Supreme Court of the State of Louisiana
Clerk of Court
For the Court
BEATRICE JONES
VS.
STATE OF LOUISIANA
No.2020-KP-00864
_ _ _ _ _ _
IN RE: Beatrice Jones - Applicant Plaintiff; Applying For Supervisory Writ, Parish
of Jefferson, 24th Judicial District Court Number(s) 97-0665, Court of Appeal, Fifth
Circuit, Number(s) 20-KH-143;
_ _ _ _ _ _
February 09, 2021
Writ application denied. See per curiam.
PDG
JLW
SJC
JTG
WJC
JBM
Hughes, J., would grant.
Supreme Court of Louisiana
February 09, 2021
02/09/2021 "See News Release 006 for any Concurrences and/or Dissents.”

02/09/21
S
UPREME COURT OF LOUISIANA
No
. 20-KP-0864
S
TATE OF LOUISIANA
v.
BEA
TRICE JONES
O
N SUPERVISORY WRITS TO THE TWENTY-FOURTH
JUDICIAL DISTRICT COURT, PARISH OF JEFFERSON
PE
R CURIAM:
D
enied. The application was not timely filed in the district court, and
applicant fails to carry her 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 her 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. a rt. 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 she can
show that one of the narrow exceptions authorizing the filing of a successive
application applies, applicant has exhausted her right to state collateral review. The
district court is ordered to record a minute entry consistent with this per curiam.