State Of Louisiana v. Shawn David Stepp

Supreme Court of Louisiana
March 05, 2024
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE OF LOUISIANA
VS.
SHAWN DAVID STEPP
No. 2023-KH-01264
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I
N RE: Shawn David Stepp - Applicant Defendant; Applying For Supervisory Writ,
Parish of Ouachita, 4th Judicial District Court Number(s) 94F0286, Court of Appeal,
Second Circuit, Number(s) 55,485-KH;
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March 05, 2024
Writ application denied. See per curiam.
JBM
JLW
SJC
JTG
WJC
PDG
03/05/2024 "See News Release 010 for any Concurrences and/or Dissents."

SUPREME COURT OF LOUISIANA
No. 23-KH-1264
STATE OF LOUISIANA
v.
SHAWN DAVID STEPP
ON SUPERVISORY WRITS TO THE FOURTH
JUDICIAL DISTRICT COURT, PARISH OF OUACHITA
PER CURIAM:
Denied. Applicant does not identify an i llegal term in his sentence, and
therefore, his filing is properly construed 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. Applicant’s
application was not timely filed in the district court, and he 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 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 appl ication
only under the narrow circumstanc es 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 cla ims 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
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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.