State Of Louisiana v. Lavelle D. Davis

Supreme Court of Louisiana
February 08, 2022
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE OF LOUISIANA
VS.
LAVELLE D.
DAVIS
No. 2021-KH-01877
_ _
_ _ _ _
I
N RE: Lavelle D. Davis - Applicant Defendant; Applying For Supervisory Writ,
Parish of Rapides, 9th Judicial District Court Number(s) 313,573;315,813;316,332,
Court of Appeal, Third Circuit, Number(s) KH-20-00389;
_ _ _ _ _ _
February 08, 2022
Writ application denied. See per curiam.
JTG
JLW
JDH
SJC
WJC
JBM
PDG
02/08/2022 "See News Release 007 for any Concurrences and/or Dissents."

S
UPREME COURT OF LOUISIANA
No
. 21-KH-1877
S
TATE OF LOUISIANA
v.
L
AVELLE D. DAVIS
O
N SUPERVISORY WRITS TO THE NINTH
JUDICIAL DISTRICT COURT, PARISH OF RAPIDES
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 his application for post-convi ction relief in
state court. Similar to federal habeas relief, see 28 U.S.C. § 2244, Louisiana post-
conviction procedure envisions the filing of a successive application only under the
narrow circumstances provided in La.C.Cr.P. art. 930.4 and within the l imitations
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. Defendant’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.
02/08/22