State Of Louisiana v. Kenan Allen

Supreme Court of Louisiana
April 12, 2023
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE OF LOUISIANA
VS.
KENAN ALLEN
No. 2022-KH-01404
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I
N RE: Kenan Allen - Applicant Defendant; Applying For Supervisory Writ, Parish
of Orleans Criminal, Criminal District Court Number(s) 497-322, Court of Appeal,
Fourth Circuit, Number(s) 2022-K-0516;
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April 12, 2023
Writ application denied. See per curiam.
PDG
JLW
JDH
SJC
JTG
WJC
JBM
04/12/2023 "See News Release 018 for any Concurrences and/or Dissents."

SUPREME COURT OF LOUISIANA
No. 22-KH-1404
STATE OF LOUISIANA
v.
KENAN ALLEN
ON SUPERVISORY WRITS TO THE CRIMINAL
DISTRICT COURT, PARISH OF ORLEANS
PER CURIAM:
Denied. The application w as 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 his applicat ion 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 l itigated 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 revie w. The
district court is ordered to record a minute entry consistent with this per curiam.
04/12/23