State Of Louisiana v. Raymond Guidry
State Of Louisiana v. Raymond Guidry, No. 2021-KH-01581 (La. Jan. 12, 2022).
Authorities cited
Identified automatically; this list may not be exhaustive.
- State Ex Rel. Glover v. State 660 So. 2d 1189
Opinion text
Supreme Court of Louisiana
January 12, 2022
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE OF LOUISIANA
VS.
RAYMOND GUIDRY
No. 2021-KH-01581
_ _ _ _
_ _
IN R
E: Raymond Guidry - Applicant Defendant; Applying For Supervisory Writ,
Parish of Lafayette, 15th Judicial District Court Number(s) 1981-CR- 45700, Court
of Appeal, Third Circuit, Number(s) KH 20-00334;
_ _ _ _ _ _
January 12, 2022
Writ application denied. See per curiam.
JTG
JLW
JDH
SJC
WJC
JBM
PDG
01/12/2022 "See News Release 002 for any Concurrences and/or Dissents."
S
UPREME COURT OF LOUISIANA
No
. 21-KH-1581
S
TATE OF LOUISIANA
v.
RAYMO
ND GUIDRY
O
N SUPERVISORY WRITS TO THE FIFTEENTH
JUDICIAL DISTRICT COURT, PARISH OF VERMILION
PE
R CURIAM:
D
enied. 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.
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 second or successive
application only under the narrow circumstances provided in L a.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 collate ral
review. The district court is ordered to record a minute entry consistent with this
per curiam.
01/12/22