State Of Louisiana v. Clarion Bay, Jr.

Supreme Court of Louisiana
March 02, 2022
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE OF LOUISIANA
VS.
CLARION BAY, JR.
No. 2021-KH-01981
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I
N RE: Clarion Bay, Jr. - Applicant Defendant; Applying For Supervisory Writ,
Parish of Sabine, 11th Judicial District Court Number(s) 34592, Court of Appeal,
Third Circuit, Number(s) KH 21-00627;
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March 02, 2022
Writ application denied. See per curiam.
Hughes, J., would deny on the showing made.
JTG
JLW
JDH
SJC
WJC
JBM
PDG
03/02/2022 "See News Release 010 for any Concurrences and/or Dissents."

SUPREME COURT OF LOUISIANA
No. 21-KH-1981
STATE OF LOUISIANA
v.
CLARION BAY, JR.
ON SUPERVISORY WRITS TO THE ELEVENTH
JUDICIAL DISTRICT COURT, PARISH OF SABINE
PER CURIAM:
Denied. The lower courts reached the correct result.
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 succe ssive 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 app lies, applicant has exhausted his right to state collateral
review. The district court is ordered to record a minute entry consistent with this
per curiam.
03/02/2022