State Of Louisiana v. Anthony Smith

Supreme Court of Louisiana
October 31, 2023
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE OF LOUISIANA
VS.
ANTHONY SMITH
No. 2023-KH-00694
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_ _ _ _
I
N RE: Anthony Smith - Applicant Defendant; Applying For Supervisory Writ,
Parish of East Feliciana, 20th Judicial District Court Number(s) 99-CR -760, Court
of Appeal, First Circuit, Number(s) 2023 KW 0212;
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October 31, 2023
Writ application denied. See per curiam.
Hu
ghes, J., recused.
JLW
SJC
JTG
WJC
JBM
PDG
10/31/2023 "See News Release 047 for any Concurrences and/or Dissents."

SUPREME COURT OF LOUISIANA
No. 23-KH-0694
STATE OF LOUISIANA
v.
ANTHONY SMITH
ON SUPERVISORY WRITS TO THE TWENTIETH
JUDICIAL DISTRICT COURT, PARISH OF EAST FELICIANA
PER CURIAM:
Denied. The application is repetitive. La.C.Cr.P. art. 930.4.
Applicant has now fully litigated several 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 suc cessive
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.