State Of Louisiana v. Jerome Ayro

Supreme Court of Louisiana
February 14, 2023
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE OF LOUISIANA
VS.
JEROME AYRO
No. 2022-KH-01390
_ _ _ _ _ _
IN RE: Je
rome Ayro - Applicant Defendant; Applying For Supervisory Writ, Parish
of Terrebonne, 32nd Judicial District Court Number(s) 379,198, Court of Appeal,
First Circuit, Number(s) 2022 KW 0568;
_ _ _ _ _ _
February 14, 2023
Writ application denied. See per curiam.
Hughes, J., dissents and would grant in part.
Genovese, J., concurs in the result.
McCallum, J., dissents and would grant in part.
Griffin, J., dissents and would grant in part.
JLW
SJC
JTG
WJC
02/14/2023 "See News Release 007 for any Concurrences and/or Dissents."

SUPREME COURT OF LOUISIANA
No. 22-KH-1390
STATE OF LOUISIANA
v.
JEROME AYRO
ON SUPERVISORY WRITS TO THE THIRTY-SECOND
JUDICIAL DISTRICT COURT, PARISH OF TERREBONNE
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 also fails to satisfy his post -conviction burden of proof. See La.C.Cr.P.
art. 930.2; see also State v. Reddick, 2021-01893 (La. 10/21/22), ___ So.3d ___.
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 legislature in
2013 La. Acts 2 51 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.
02/14/23