State Of Louisiana v. Carl Watson

Supreme Court of Louisiana
March 16, 2021
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE OF LOUISIANA
VS.
CARL WATSON
No.2021-KH-00088
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_ _ _ _
I
N RE: Carl Watson - Applicant Defendant; Applying For Supervisory Writ, Parish
of Tangipahoa, 21st Judicial District Court Number(s) 77927, 1st Circuit Court of
Appeal, Number(s) 2020 KW 0760;
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March 16, 2021
Writ application denied. See per curiam.
W
eimer, C. J., recused.
JDH
SJC
JTG
WJC
JBM
PDG
03/16/2021 "See News Release 010 for any Concurrences and/or Dissents."

SUPREME COURT OF LOUISIANA
No. 21-KH-0088
STATE OF LOUISIANA
v.
CARL WATSON
ON SUPERVISORY WRITS TO THE TWENTY-FIRST
JUDICIAL DISTRICT COURT, PARISH OF TANGIPAHOA
PER CURIAM:
Denied. Applican t does not identify an illegal term in his sentence, and
therefore, his filing is properly construed as an application for post -conviction
relief. See State v. Parker , 98 -0256 (La. 5/8/98), 711 So.2d 694. As such, it is
subject to the time limitation set forth in La.C.Cr.P. art. 930.8. The application was
not timely filed in the district court, and applicant fails to carry his 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 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 ma ndatory. 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
03/16/21

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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.

03/16/21