State Of Louisiana v. Kaylan Morris
State Of Louisiana v. Kaylan Morris, No. 2022-KH-01223 (La. Feb. 7, 2023).
Authorities cited
Identified automatically; this list may not be exhaustive.
- State v. Crosby 338 So. 2d 584
Opinion text
Supreme Court of Louisiana
February 07, 2023
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE OF LOUISIANA
VS.
KAYLAN MORRIS
No. 2022-KH-01223
_ _
_ _ _ _
I
N RE: Kaylan Morris - Applicant Defendant; Applying For Writ Of Certiorari,
Parish of St. John the Baptist, 40th Judicial District Court Number(s) 2016-CR-504;
2017-CR-144, Court of Appeal, Fifth Circuit, Number(s) 22-KH-291;
_ _ _ _ _ _
February 07, 2023
Writ application denied. See per curiam.
SJC
JLW
JDH
JTG
WJC
JBM
PDG
02/07/2023 "See News Release 006 for any Concurrences and/or Dissents."
S
UPREME COURT OF LOUISIANA
No
. 22-KH-1223
S
TATE OF LOUISIANA
v.
K
AYLAN MORRIS
O
N SUPERVISORY WRITS TO THE FORTIETH
JUDICIAL DISTRICT COURT, PARISH OF ST. JOHN THE BAPTIST
PE
R CURIAM:
D
enied. By pleading guilty unconditionally, applicant waived all non-
jurisdictional defects in the proceedings leading to his conviction. State v. Crosby,
338 So.2d 584, 586 (La. 1976). In addition, applicant fails to show that he was
denied the effective assistance of counsel during plea negotiations under the
standard of Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d
674 (1984).
Applicant has now fully litigated his application for post-conviction relief in
state court. Similar to federal habe as 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
02/07/23
2
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.