Kendell Johnson v. State Of Louisiana

Supreme Court of Louisiana
November 08, 2023
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
KENDELL JOHNSON
VS.
STATE OF LOUISIANA
No. 2023-KH-00786
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I
N RE: Kendell Johnson - Applicant Plaintiff; Applying For Supervisory Writ,
Parish of Jefferson, 24th Judicial District Court Number(s) 20- 5085, Court of
Appeal, Fifth Circuit, Number(s) 23-KH-144;
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November 08, 2023
Writ application denied. See per curiam.
JTG
JLW
JDH
SJC
WJC
JBM
PDG
11/08/2023 "See News Release 048 for any Concurrences and/or Dissents."

SUPREME COURT OF LOUISIANA
No. 23-KH-0786
KENDELL JOHNSON
v.
STATE OF LOUISIANA
ON SUPERVISORY WRITS TO THE TWENTY-FOURTH
JUDICIAL DISTRICT COURT, PARISH OF JEFFERSON
PER CURIAM:
Denied. Applicant fails to satisf y his post -conviction burden of proof.
La.C.Cr.P. art. 930.2.
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 prov ided 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 articl e to make the procedural bars against
successive filings mandatory. Applicant’s claims hav e 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.
11/08/23