Kelvin Ray Smith v. Warden, Louisiana State Penitentiary

Supreme Court of Louisiana
October 10, 2023
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
KELVIN RAY SMITH
VS.
WARDEN, LOUISIANA
STATE PENITENTIARY
No. 2023-KH-00518
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_ _ _ _
IN
RE: Kelvin Ray Smith - Applicant Plaintiff; Applying For Supervisory Writ,
Parish of East Baton Rouge, 19th Judicial District Court Number(s) 02-80-0296;
_ _ _ _ _ _
October 10, 2023
Writ application denied. See per curiam.
JLW
JDH
SJC
JTG
WJC
JBM
PDG
10/10/2023 "See News Release 043 for any Concurrences and/or Dissents."

SUPREME COURT OF LOUISIANA
No. 23-KH-0518
KELVIN RAY SMITH
v.
WARDEN, LOUISIANA STATE PENITENTIARY
ON SUPERVISORY WRITS TO THE NINETEENTH
JUDICIAL DISTRICT COURT, PARISH OF EAST BATON ROUGE
PER CURIAM:
Denied. The application was not timely 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 numerous 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 pro vided 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 ha ve 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 sta te collateral
review. The district court is ordered to record a minute entry consistent with this
per curiam.
10/10/23