State Of Louisiana v. Arthur Lee Brown

Supreme Court of Louisiana
September 27, 2021
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE OF LOUISIANA
VS.
ARTHUR LEE BROWN
No. 2021-KH-00541
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I
N RE: Arthur Lee Brown - Applicant Defendant; Applying For Supervisory Writ,
Parish of Caddo, 1st Judicial District Court Number(s) 123619, Court of Appeal,
Second Circuit, Number(s) 53,959-KH;
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September 27, 2021
Writ application denied. See per curiam.
C
richton, J., recused.
McCallum, J., recused.
PDG
JLW
JDH
JTG
WJC
09/27/2021 "See News Release 036 for any Concurrences and/or Dissents."

SUPREME COURT OF LOUISIANA
No. 2021-KH-00541
STATE OF LOUISIANA
v.
ARTHUR LEE BROWN
ON SUPERVISORY WRIT TO THE FIRST JUDICIAL
DISTRICT COURT, PARISH OF CADDO
PER CURIAM:
Denied. Applicant fails to show that he rec eived ineffective assistance of
counsel under the standard of Strickland v. Washington , 466 U.S. 668, 104 S.Ct.
2052, 80 L.Ed.2d 674 (1984). Applicant also fails to show that the state withheld
material exculpatory evidence in violation of Brady v. Maryland, 373 U.S. 83, 83
S.Ct. 1194, 10 L.Ed.2d 215 (1963). His remaining claims are repetitive. La.C.Cr.P.
art. 930.4.
Applicant has now fully litigated several 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 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 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
09/27/21

2
review. The district court is ordered to record a minute entry consistent with this
per curiam.