State Of Louisiana v. Kelvin Demarcus Brown, II

Supreme Court of Louisiana
February 14, 2024
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE OF LOUISIANA
VS.
KELVIN DEMARCUS BROWN, II
No. 2023-KH-00192
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I
N RE: Kelvin Demarcus Brown, II - Applicant Defendant; Applying For
Supervisory Writ, Parish of Caddo, 1st Judicial District Court Number(s) 328487,
Court of Appeal, Second Circuit, Number(s) 55020KH;
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February 14, 2024
Writ application denied. See per curiam.
Hughes, J., would grant to order an evidentiary hearing.
McCallum, J., recused.
JTG
JLW
SJC
WJC
PDG
02/14/2024 "See News Release 008 for any Concurrences and/or Dissents."

SUPREME COURT OF LOUISIANA
No. 23-KH-0192
STATE OF LOUISIANA
v.
KELVIN DEMARCUS BROWN, II
ON SUPERVISORY WRITS TO THE FIRST
JUDICIAL DISTRICT COURT, PARISH OF CADDO
PER CURIAM:
Denied. The application was not time ly 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 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 circumstan ces 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 cl aims 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.
02/14/24