State Of Louisiana v. Devante Fields

Supreme Court of Louisiana
January 18, 2023
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE OF LOUISIANA
VS.
DEVANTE FIELDS
No. 2022-KH-01175
_ _
_ _ _ _
I
N RE: Devante Fields - Applicant Defendant; Applying For Supervisory Writ,
Parish of Orleans Criminal, Criminal District Court Number(s) 541- 853, Court of
Appeal, Fourth Circuit, Number(s) 2022-K-0415;
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January 18, 2023
Writ application denied. See per curiam.
Hughes, J., would grant and order an evidentiary hearing.
Griffin, J., would grant and order an evidentiary hearing.
JTG
JLW
SJC
WJC
JBM
01/18/2023 "See News Release 002 for any Concurrences and/or Dissents."

S
UPREME COURT OF LOUISIANA
No
. 22-KH-1175
S
TATE OF LOUISIANA
v.
DE
VANTE FIELDS
O
N SUPERVISORY WRITS TO THE CRIMINAL
DISTRICT COURT, PARISH OF ORLEANS
PE
R CURIAM:
B
y pleading guilty unconditionally, applicant waive d all non-
jurisdictional defects in the proceedings leading to his conviction. State v. Crosby,
338 So.2d 584, 586 (La. 1976). Applicant fails to satisfy his post-conviction
burden of proof of showing the plea was unknowingly or unintelligently
made. La.C.Cr.P. art. 930.2.
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 applic ation
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 collateral review. The
district court is ordered to record a minute entry consistent with this per curiam.
01/18/23