State Of Louisiana v. Walter A. Kott, Jr.

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

STATE OF LOUISIANA NO. 2023 KW 0334

VERSUS

WALTER A. KOTT, JR. JUNE 20, 2023

In Re: Walter A. Kott, Jr., applying for supervisory writs,

22nd Judicial District Court, Parish of St. Tammany,
No. 378041.

BEFORE: GUIDRY, C. J., McCLENDON AND WELCH, JJ.

WRIT DENIED. The medical report offered in the instant
application for postconviction relief in support of relator' s

factual innocence claim does not constitute new evidence.

Therefore, relator has failed to point to any new, reliable, and

noncumulative evidence to substantiate his claim of factual
innocence. See La. Code Crim. P. art. 926. 2 ( B) . The other claims
in the application for postconviction relief do not meet any of
the enumerated exceptions to La. Code Crim. P.' art. 930. 8 time
bar. Accordingly, the district court did not abuse its

discretion by denying the application for postconviction relief.

JMG
PMC
JEW

OURT OF APPEAL, FIRST CIRCUIT

FOR THE COURT