State Of Louisiana v. Michael Lott
State Of Louisiana v. Michael Lott, No. 2021-KH-00657 (La. Nov. 17, 2021).
Opinion text
Supreme Court of Louisiana
November 17, 2021
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE OF LOUISIANA
VS.
MICHAEL LOTT
No. 2021-KH-00657
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_
IN RE: M
ichael Lott - Applicant Defendant; Applying For Supervisory Writ, Parish
of Jefferson, 24th Judicial District Court Number(s) 17-4740, Court of Appeal, Fifth
Circuit, Number(s) 21-KH-95;
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November 17, 2021
Writ application denied. See per curiam.
JDH
JLW
SJC
JTG
WJC
JBM
PDG
11/17/2021 "See News Release 045 for any Concurrences and/or Dissents."
SUPREME COURT OF LOUISIANA
No. 21-KH-0657
STATE OF LOUISIANA
v.
MICHAEL LOTT
ON SUPERVISORY WRITS TO THE TWENTY-FOURTH
JUDICIAL DISTRICT COURT, PARISH OF JEFFERSON
PER CURIAM:
Denied. The lower courts reached the correct result.
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 applica tion
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 review. The
district court is ordered to record a minute entry consistent with this per curiam.
11/17/21