2022-KP-01316 Precedential Writ application denied. Processed

State Of Louisiana v. Charles Ray Davis

Louisiana Supreme Court · Filed October 18, 2022

Opinion text

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.

CHARLES RAY DAVIS

No. 2022-KP-01316

_ _ _ _ _ _

IN RE: Charles Ray Davis - Applicant Defendant; Applying For Supervisory Writ,
Parish of Caddo, 1st Judicial District Court Number(s) 292,555, Court of Appeal,
Second Circuit, Number(s) 54,777-KW;
_ _ _ _ _ _

October 18, 2022

Writ application denied. See per curiam.

JDH
JLW
SJC
JTG
WJC
JBM
PDG

10/18/2022 "See News Release 045 for any Concurrences and/or Dissents."

S
UPREME COURT OF LOUISIANA
No
. 22-KP-1316
S
TATE OF LOUISIANA
v.
CH
ARLES RAY DAVIS
O
N SUPERVISORY WRITS TO THE FIRST
JUDICIAL DISTRICT COURT, PARISH OF CADDO
PE
R CURIAM:
D
enied. Applicant shows no error by the lower courts.
Applicant has now fully litigated two applications 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