State Of Louisiana v. Lee Michael Brown

Supreme Court of Louisiana
December 19, 2023
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE OF LOUISIANA
VS.
LEE MICHAEL BROWN
No. 2023-KP-00154
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I
N RE: Lee Michael Brown - Applicant Defendant; Applying For Supervisory Writ,
Parish of Tangipahoa, 21st Judicial District Court Number(s) 701318, Court of
Appeal, First Circuit, Number(s) 2022 KW 1134;
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December 19, 2023
Writ application denied. See per curiam.
Griffin, J., would grant for an evidentiary hearing.
SJC
JLW
JDH
JTG
WJC
JBM
12/19/2023 "See News Release 055 for any Concurrences and/or Dissents."

SUPREME COURT OF LOUISIANA
No. 23-KP-0154
STATE OF LOUISIANA
v.
LEE MICHAEL BROWN
ON SUPERVISORY WRITS TO THE TWENTY-FIRST
JUDICIAL DISTRICT COURT, PARISH OF TANGIPAHOA
PER CURIAM:
Denied. The application was not timely filed in the district court, and
applicant 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 fu lly litigated two applications fo r 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 circumsta nces 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 c laims 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 application applies, applicant has exhausted his righ t to state collateral
review. The district court is ordered to record a minute entry consistent with this
per curiam.