State Of Louisiana v. Timothy Deshun Kelly

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.
TIMOTHY DESHUN KELLY
No. 2021-KH-00572
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I
N RE: Timothy Deshun Kelly - Applicant Defendant; Applying For Supervisory
Writ, Parish of Caddo, 1st Judicial District Court Number(s) 337,487, Court of
Appeal, Second Circuit, Number(s) 53,982-KH;
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September 27, 2021
Writ application denied. See per curiam.
Griffin, J., would grant would grant to consider the retroactivity of Ramos v.
Louisiana, 140 S.Ct. 1390, 206 L.Ed.2d 583 (2020) under Louisiana law. See
Edwards v. Vannoy, 141 S.Ct. 1547, 1559 n. 6 (2021).
C
richton, J., recused.
McCallum, J., recused.
JTG
JLW
JDH
WJC
09/27/2021 "See News Release 036 for any Concurrences and/or Dissents."

SUPREME COURT OF LOUISIANA
No. 2021-KH-00572
STATE OF LOUISIANA
v.
TIMOTHY DESHUN KELLY
ON SUPERVISORY WRIT TO THE FIRST JUDICIAL
DISTRICT COURT, PARISH OF CADDO
PER CURIAM:
Denied. Applicant fails to show that he received 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). As to his remaining claims, applicant fails to satisfy
his post-conviction burden of proof. La.C.Cr.P. art. 930.2
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
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.
09/27/21