State Of Louisiana v. Monique O. Kitts
State Of Louisiana v. Monique O. Kitts, No. 2023-KP-00877 (La. Nov. 21, 2023).
Opinion text
Supreme Court of Louisiana
November 21, 2023
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE OF LOUISIANA
VS.
MONIQUE O. KITTS
No. 2023-KP-00877
_ _
_ _ _ _
I
N RE: Monique O. Kitts - Applicant Defendant; Applying For Supervisory Writ,
Parish of West Baton Rouge, 18th Judicial District Court Number(s) 130500, Court
of Appeal, First Circuit, Number(s) 2023 KW 0348;
_ _ _ _ _ _
November 21, 2023
Writ application denied. See per curiam.
JDH
JLW
SJC
JTG
WJC
JBM
PDG
11/21/2023 "See News Release 051 for any Concurrences and/or Dissents."
SUPREME COURT OF LOUISIANA
No. 23-KP-0877
STATE OF LOUISIANA
v.
MONIQUE O. KITTS
ON SUPERVISORY WRITS TO THE EIGHTEENTH
JUDICIAL DISTRICT COURT, PARISH OF WEST BATON ROUGE
PER CURIAM:
Denied. Applicant fails to sho w that she received ineffective assistance of
counsel under the standard of Strickland v. Washington, 466 U.S. 668, 104 S. Ct.
2052, 80 L.Ed.2d 674 (1984).
Applicant has now fully litigated her 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 ba rs 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 she can
show that one of the narrow exceptions authorizing the filing of a successiv e
application applies, applicant has exhausted her right to state collateral review. The
district court is ordered to record a minute entry consistent with this per curiam.
11/21/2023