State Of Louisiana v. Craig S. Johnson

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.
CRAIG S. JOHNSON
No. 2023-KH-01612
_ _
_ _ _ _
IN
RE: Craig S. Johnson - Applicant Defendant; Applying For Supervisory Writ,
Parish of Caddo, 1st Judicial District Court Number(s) 209,740, Court of Appeal,
Second Circuit, Number(s) 55,568-KH;
_ _ _ _ _ _
March 05, 2024
Writ application denied. See per curiam.
C
richton, J., recused.
JLW
JDH
JTG
WJC
JBM
PDG
03/05/2024 "See News Release 010 for any Concurrences and/or Dissents."

SUPREME COURT OF LOUISIANA
No. 23-KH-1612
STATE OF LOUISIANA
v.
CRAIG S. JOHNSON
ON SUPERVISORY WRITS TO THE FIRST
JUDICIAL DISTRICT COURT, PARISH OF CADDO
PER CURIAM:
Denied. Applicant does not identify an illega l term in his sentence, and
therefore, his filing is properly construed as an application for post -conviction
relief. See State v. Parker , 1998-256 (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 applicant f ails to carry his burden to show
that an exception applies. La.C.Cr.P. art. 930.8; State ex rel. Glover v. State, 1993-
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 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 t his denial is final. Hereafter, unless he can
show that one of the narrow exceptions authorizing the filing of a successive
03/05/24

2

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.