State Of Louisiana v. Fred D. Kidd, Sr.

Supreme Court of Louisiana
November 15, 2023
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE OF LOUISIANA
VS.
FRED D. KIDD, SR.
No. 2023-KH-00791
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I
N RE: Fred D. Kidd, Sr. - Applicant Defendant; Applying For Supervisory Writ,
Parish of Ouachita, 4th Judicial District Court Number(s) 06-F- 1423, Court of
Appeal, Second Circuit, Number(s) 55,226-KH;
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November 15, 2023
Writ application denied. See per curiam.
McCal
lum, J., recused.
JDH
JLW
SJC
JTG
WJC
PDG
11/15/2023 "See News Release 049 for any Concurrences and/or Dissents."

SUPREME COURT OF LOUISIANA
No. 23-KH-0791
STATE OF LOUISIANA
v.
FRED D. KIDD, SR.
ON SUPERVISORY WRITS TO THE FOURTH
JUDICIAL DISTRICT COURT, PARISH OF OUACHITA
PER CURIAM:
Denied. Applicant fail s to satisfy his p ost-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 proced ure envisions the f iling 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 amende d that article to m ake 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 exception s authorizing the f iling 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.
11/15/23