2021KW0235 Nonprecedential Writ denied Processed

State Of Louisiana v. Will H. Jackson

Louisiana Court of Appeal, First Circuit · Filed May 10, 2021

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Opinion text

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

STATE OF LOUISIANA NO. 2021 KW 0235

VERSUS

WILL H. JACKSON MAY 10, 2021

In Re: Will H. Jackson, applying for supervisory writs, 21st
Judicial District Court, Parish of Tangipahoa, No.
46, 627.

BEFORE: MCDONALD, HOLDRIDGE, AND PENZATO, JJ.

WRIT DENIED. Relator' s application for postconviction

relief requesting DNA testing failed to comply with the
requirements set forth in La. Code Crim. P. art. 926. 1. In
particular, relator failed to allege a factual explanation of

why there is an articulable doubt, based on competent evidence
whether or not introduced at trial, as to his guilt, and there
is no indication that DNA testing would resolve the doubt and

establish the innocence of relator.
Concerning relator' s
remaining claims, relator' s
application for postconviction relief is untimely and

successive. See La. Code Crim. P. arts. 930. 4 & 930. 8. Having
fully litigated his claims in accord with La. Code Crim. P. art.

936. 6, hereafter, unless he can show that one of the narrow

exceptions authorizing the filing of a successive application
provided in La. Code Crim. P. art. 930. 4 applies, relator has
exhausted his right to postconviction relief. See State ex rel.
Bonvillain v. State, 2015- 2331 ( La. 3/ 14/ 16), 186 So. 3d 644 ( per
curiam) .

JIB+!
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AHP

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY CL RK
i
OF COURT
FOR THE COURT