State Of Louisiana v. Charles Anthony Smith

Supreme Court of Louisiana
March 02, 2022
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE OF LOUISIANA
VS.
CHARLES ANTHONY SMITH
No. 2022-KP-00036
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I
N RE: Charles Anthony Smith - Applicant Defendant; Applying For Supervisory
Writ, Parish of Livingston, 21st Judicial District Court Number(s) 32020, Court of
Appeal, First Circuit, Number(s) 2021 KW 1160;
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March 02, 2022
Writ application denied. See per curiam.
JDH
JLW
SJC
JTG
WJC
JBM
PDG
03/02/2022 "See News Release 010 for any Concurrences and/or Dissents."

SUPREME COURT OF LOUISIANA
No. 22-KP-0036
STATE OF LOUISIANA
v.
CHARLES ANTHONY SMITH
ON SUPERVISORY WRITS TO THE TWENTY-FIRST
JUDICIAL DISTRICT COURT, PARISH OF LIVINGSTON
PER CURIAM:
Denied. The lower courts reached the correct result.
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 successiv e 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 agains t
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.
03/02/2022