State Of Louisiana v. Dale Elmore C/w State Of Louisiana Vs. Tyrone Davenport

Supreme Court of Louisiana
April 26, 2022
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE OF LOUISIANA VS. DALE ELMORE
C/W
STATE OF LOUISIANA VS. TYRONE
DAVENPORT
No. 2022-KP-00423
_ _ _ _
_ _
IN R
E: Dale Elmore - Applicant Defendant; Applying For Supervisory Writ, Parish
of Orleans Criminal, Criminal District Court Number(s) 517-064, Court of Appeal,
Fourth Circuit, Number(s) 2021-K-0729 C/W 2021-K-747;
_ _ _ _ _ _
April 26, 2022
Writ application denied. See per curiam.
JDH
JLW
SJC
JTG
WJC
JBM
PDG
04/26/2022 "See News Release 019 for any Concurrences and/or Dissents."

S
UPREME COURT OF LOUISIANA
No
. 22-KP-0423
S
TATE OF LOUISIANA
v.
D
ALE ELMORE
O
N SUPERVISORY WRITS TO THE CRIMINAL
DISTRICT COURT, PARISH OF ORLEANS
PE
R CURIAM:
D
enied. Applicant fails to show that he received ineff ective assistance of
counsel under the standard of Strickland v. Washington , 466 U.S. 668, 104 S.Ct.
2052, 80 L.Ed.2d 674 (1984). He also fails to show that the state withheld material
exculpatory evidence in violation of Brady v. Maryland , 373 U.S. 83, 83 S.Ct.
1194, 10 L.Ed.2d 215 (1963).
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 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 successiv e
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.
04/26/22