Matthew Flugence v. Darryl Vannoy, Warden Louisiana State Penitentiary

Supreme Court of Louisiana
June 08, 2021
Second Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
MATTHEW FLUGENCE
VS.
DARRYL VANNOY, WARDEN LOUISIANA
STATE PENITENTIARY
No.2021-KH-00467
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I
N RE: Matthew Flugence - Applicant Plaintiff; Applying For Supervisory Writ,
Parish of Jefferson, 24th Judicial District Court Number(s) 13- 3692, Court of
Appeal, Fifth Circuit, Number(s) 20-KH-390;
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June 08, 2021
Writ application denied. See per curiam.
JTG
JLW
JDH
SJC
WJC
JBM
PDG
06/08/2021 "See News Release 025 for any Concurrences and/or Dissents."

PER CURIAM:
Denied. 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. The
application is also repetitive. La.C.Cr.P. art. 930.4.
Applicant has now fully litigated two applications 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 secon d 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 procedur al 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.
06/08/21
SUPREME COURT OF LOUISIANA
No. 21-KH-0467
MATTHEW FLUGENCE
v.
DARRELL VANNOY, WARDEN, LOUISIANA STATE PENITENTIARY
ON SUPERVISORY WRITS TO THE TWENTY-FOURTH
JUDICIAL DISTRICT COURT, PARISH OF JEFFERSON