State Of Louisiana v. Clayton Lewis

Supreme Court of Louisiana
January 19, 2022
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE OF LOUISIANA
VS.
CLAYTON LEWIS
No. 2021-KP-01723
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I
N RE: Clayton Lewis - Applicant Defendant; Applying For Supervisory Writ,
Parish of Lafayette, 15th Judicial District Court Number(s) 88393D, Court of
Appeal, Third Circuit, Number(s) KW 21-00030;
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January 19, 2022
Writ application denied. See per curiam.
SJC
JLW
JDH
JTG
WJC
JBM
PDG
01/19/2022 "See News Release 003 for any Concurrences and/or Dissents."

SUPREME COURT OF LOUISIANA
No. 21-KP-1723
STATE OF LOUISIANA
v.
CLAYTON LEWIS
ON SUPERVISORY WRITS TO THE FIFTEENTH
JUDICIAL DISTRICT COURT, PARISH OF LAFAYETTE
PER CURIAM:
Denied. Applicant does not identify an i llegal term in his sentence, and
therefore, his filing is properly construed as an application for post -conviction
relief. See State v. Parker , 98 -0256 (La. 5/8/98), 711 So.2d 694. As such, it is
subject to the time limitation set forth in La.C.Cr.P. art. 930.8. 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 full y 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 circums tances 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
01/19/22

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successive application applies, applicant has exhausted his ri ght to state collateral
review. The district court is ordered to record a minute entry consistent with this
per curiam.