2024-KH-00039 Precedential Writ application denied - see per curiam. Processed

State Of Louisiana v. Sherman Fredieu, Jr.

Louisiana Supreme Court · Filed April 16, 2024

Also decided on this docket: La., May 29, 2024

Opinion text

Supreme Court of Louisiana
April 16, 2024
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE OF LOUISIANA
VS.
SHERMAN FREDIEU, JR.
No. 2024-KH-00039
_ _
_ _ _ _
I
N RE: Sherman Fredieu, Jr. - Applicant Defendant; Applying For Supervisory Writ,
Parish of Caddo, 1st Judicial District Court Number(s) 336,174, Court of Appeal,
Second Circuit, Number(s) 55,645-KH;
_ _ _ _ _ _
April 16, 2024
Writ application denied - See per curiam.
PDG
JLW
JDH
SJC
JTG
WJC
JBM
04/16/2024 "See News Release 017 for any Concurrences and/or Dissents."

SUPREME COURT OF LOUISIANA
No. 24-KH-0039
STATE OF LOUISIANA
v.
SHERMAN FREDIEU, JR.
ON SUPERVISORY WRITS TO THE FIRST
JUDICIAL DISTRICT COURT, PARISH OF CADDO
PER CURIAM:
Denied. Applicant shows no entitlement to DNA testing. See La.C.Cr.P. art.
926.1.
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 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 right to state collateral review. The
district court is ordered to record a minute entry consistent with this per curiam.
04/16/24