State Of Louisiana v. Brittany Tyson

Supreme Court of Louisiana
January 26, 2022
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE OF LOUISIANA
VS.
BRITTANY TYSON
No. 2021-KP-01086
_ _
_ _ _ _
I
N RE: Brittany Tyson - Applicant Defendant; Applying For Supervisory Writ,
Parish of Webster, 26th Judicial District Court Number(s) 87,847 c/w 87, 848, Court
of Appeal, Second Circuit, Number(s) 53,724-KW C/W 53,725-KW;
_ _ _ _ _ _
January 26, 2022
Writ application denied. See per curiam.
Weimer, C.J., concurs in part and dissents in part and assigns reasons.
Hughes, J., would grant and docket.
Griffin, J., would grant and docket and assigns reasons.
SJC
JTG
WJC
JBM
01/26/2022 "See News Release 004 for any Concurrences and/or Dissents."

S
UPREME COURT OF LOUISIANA
No
. 21-KP-1086
S
TATE OF LOUISIANA
v.
B
RITTANY TYSON
O
N SUPERVISORY WRITS TO THE TWENTY-SIXTH
JUDICIAL DISTRICT COURT, PARISH OF WEBSTER
PE
R CURIAM:
D
enied. Applicant fails to show that s he is actually innocent pursuant to the
standards provided in State v. Conway, 01 -2808 (La. 4/12/02), 816 So.2d 290, and
State v. Pierre, 13 -0873, (La. 10/15/13), 125 So.3d 403. Applicant also fails to
show she 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).
Applicant has now fully litigated her 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 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 she can
show that o ne of the narrow exceptions authorizing the filing of a successive
application applies, applicant has exhausted her right to state collateral review. The
district court is ordered to record a minute entry consistent with this per curiam.
01/26/22