State Of Louisiana v. Gerald L. Tatum

Supreme Court of Louisiana
October 12, 2022
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE OF LOUISIANA
VS.
GERALD L. TATUM
No. 2022-KH-00763
_ _ _ _
_ _
IN
RE: Gerald Tatum - Applicant Defendant; Applying For Supervisory Writ, Parish
of Caldwell, 37th Judicial District Court Number(s) 87822, Court of Appeal, Second
Circuit, Number(s) 54,636-KH;
_ _ _ _ _ _
October 12, 2022
Writ application denied. See per curiam.
JBM
JLW
JDH
SJC
JTG
WJC
PDG
10/12/2022 "See News Release 044 for any Concurrences and/or Dissents."

S
UPREME COURT OF LOUISIANA
No
. 22-KH-0763
S
TATE OF LOUISIANA
v.
GER
ALD L. TATUM
O
N SUPERVISORY WRITS TO THE THIRTY-SEVENTH
JUDICIAL DISTRICT COURT, PARISH OF CALDWELL
PE
R CURIAM:
D
enied. 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 two 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 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 co llateral
review. The district court is ordered to record a minute entry consistent with this
per curiam.
10/12/22