State Of Louisiana v. Percy Johnson

Supreme Court of Louisiana
December 05, 2023
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE OF LOUISIANA
VS.
PERCY JOHNSON
No. 2023-KH-00956
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I
N RE: Percy Johnson - Applicant Defendant; Applying For Supervisory Writ,
Parish of Tangipahoa, 21st Judicial District Court Number(s) 60164, Court of
Appeal, First Circuit, Number(s) 2023 KW 0438;
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December 05, 2023
Writ application denied. See per curiam.
WJC
JLW
JDH
SJC
JTG
JBM
PDG
12/05/2023 "See News Release 052 for any Concurrences and/or Dissents."

SUPREME COURT OF LOUISIANA
No. 23-KH-0956
STATE OF LOUISIANA
v.
PERCY JOHNSON
ON SUPERVISORY WRITS TO THE TWENTY-FIRST
JUDICIAL DISTRICT COURT, PARISH OF TANGIPAHOA
PER CURIAM:
Denied. Applicant does not identify an illegal term in his sentence, and
therefore, his filing is properly constru ed as an application for post -conviction
relief. See State v. Parker , 98 -0256 (La. 5/8/98), 711 So.2d 694. As such, it is
subject to the time limitation set forth in La.C.Cr.P. art. 930.8. The application was
not timely filed in the district court, and app licant 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 multiple applications for post -conviction
relief in state cou rt. 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 ci rcumstances provided in La.C.Cr.P. art. 930.4
and within the limitations peri od 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. Applic ant’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
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successive application applies, applicant has exhausted h is right to state collateral
review. The district court is ordered to record a minute entry consistent with this
per curiam.