State Of Louisiana v. Damon Delmore

Supreme Court of Louisiana
April 27, 2021
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE OF LOUISIANA
VS.
DAMON DELMORE
No. 2021-KH-00281
_ _
_ _ _ _
I
N RE: Damon Delmore - Applicant Defendant; Applying For Supervisory Writ,
Parish of Ascension, 23rd Judicial District Court Number(s) 32656 and 32726, Court
of Appeal, First Circuit, Number(s) 2020 KW 1220;
_ _ _ _ _ _
April 27, 2021
Writ application denied. See per curiam.
JTG
JLW
JDH
SJC
WJC
JBM
PDG
04/27/2021 "See News Release 017 for any Concurrences and/or Dissents."

04/27/21
S
UPREME COURT OF LOUISIANA
No
. 21-KH-0281
S
TATE OF LOUISIANA
v.
DAMO
N DELMORE
O
N SUPERVISORY WRITS TO THE TWENTY-THIRD
JUDICIAL DISTRICT COURT, PARISH OF ASCENSION
PE
R CURIAM:
D
enied. Applicant shows no lower court error.
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 succ essive 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 a gainst
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.