State Of Louisiana v. David Battiste

Supreme Court of Louisiana
January 11, 2023
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE OF LOUISIANA
VS.
DAVID BATTISTE
No. 2022-KH-00698
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I
N RE: David Battiste - Applicant Defendant; Applying For Supervisory Writ,
Parish of Orleans Criminal, Criminal District Court Number(s) 532- 845, Court of
Appeal, Fourth Circuit, Number(s) 2022-K-0136;
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January 11, 2023
Writ application denied. See per curiam.
WJC
JLW
JDH
SJC
JTG
JBM
PDG
01/11/2023 "See News Release 001 for any Concurrences and/or Dissents."

SUPREME COURT OF LOUISIANA
No. 22-KH-0698
STATE OF LOUISIANA
v.
DAVID BATTISTE
ON SUPERVISORY WRITS TO THE CRIMINAL
DISTRICT COURT, PARISH OF ORLEANS
PER CURIAM:
Denied. Applicant fails to sh ow that he is entitled to an out -of-time appeal
pursuant to State v. Counterman, 475 So.2d 336, 339 (La. 1985).
Applicant has now fully litigated his 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 l egislature 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 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.
January 11, 2023
01/11/23