State Of Louisiana v. Derrick Wyatt

Supreme Court of Louisiana
April 12, 2022
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE OF LOUISIANA
VS.
DERRICK WYATT
No. 2022-KH-00244
_ _ _ _
_ _
IN R
E: Derrick Wyatt - Applicant Defendant; Applying For Supervisory Writ,
Parish of Orleans Criminal, Criminal District Court Number(s) 388- 721, Court of
Appeal, Fourth Circuit, Number(s) 2022-K-0042;
_ _ _ _ _ _
April 12, 2022
Writ application denied. See per curiam.
JLW
JDH
SJC
JTG
WJC
JBM
PDG
04/12/2022 "See News Release 016 for any Concurrences and/or Dissents."

SUPREME COURT OF LOUISIANA
No. 22-KH-0244
STATE OF LOUISIANA
v.
DERRICK WYATT
ON SUPERVISORY WRITS TO THE CRIMINAL
DISTRICT COURT, PARISH OF ORLEANS
PER CURIAM:
Denied. 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 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 successive filings mandatory. Applicant’s claims have now been fully
litigated in accord wit h 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.
04/12/22