State Of Louisiana v. J Aylin H. Shakir

Supreme Court of Louisiana
October 18, 2022
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE OF LOUISIANA
VS.
J
AYLIN H. SHAKIR
No. 2022-KP-01069
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_ _ _ _
I
N RE: Jaylin H. Shakir - Applicant Defendant; Applying For Supervisory Writ,
Parish of Jackson, 2nd Judicial District Court Number(s) 49,841, Court of Appeal,
Second Circuit, Number(s) 54,774-KW;
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October 18, 2022
Writ application denied. See per curiam.
Hughes, J., would grant.
Griffin, J., would grant.
JBM
JLW
SJC
JTG
WJC
10/18/2022 "See News Release 045 for any Concurrences and/or Dissents."

S
UPREME COURT OF LOUISIANA
No
. 2022-KP-01069
S
TATE OF LOUISIANA
VS.
JAYLIN H. SHAKIR
O
n Supervisory Writ to the 2nd Judicial District Court, Parish of Jackson
PE
R CURIAM
Denied. Applicant fails to show that he is entitled to an out- of-time appeal
pursuant to State v. Counterman, 475 So.2d 336, 339 (La. 1985). By pleading guilty
unconditionally, he waived all non-jurisdictional defects in the proceedings leading
to his conv iction, State v. Crosby, 338 So.2d 584, 586 (La. 1976), and applicant
cannot appeal or seek review of a sentence imposed in conformity with a plea
agreement. La.C.Cr.P. art. 881.2(A)(2).
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 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.
10/18/22