State Of Louisiana v. Andrew Harvey, Jr.

Supreme Court of Louisiana
April 30, 2024
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE OF LOUISIANA
VS.
ANDREW HARVEY, JR.
No. 2024-KH-00163
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I
N RE: Andrew Harvey, Jr. - Applicant Defendant; Applying For Supervisory Writ,
Parish of Tangipahoa, 21st Judicial District Court Number(s) 801966, Court of
Appeal, First Circuit, Number(s) 2023 KW 1027;
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April 30, 2024
Writ application denied - See per curiam.
Genovese, J., would grant in part for the reasons assigned in State v. Reddick,
2021-01893 (La. 10/21/22) 351 So.3d. 273.
Griffin, J., would grant. See State v. Reddick, 2021-01893 (La. 10/21/22) 351
So.3d. 273. (Griffin, J. dissenting).
JLW
JDH
SJC
WJC
JBM
04/30/2024 "See News Release 020 for any Concurrences and/or Dissents."

SUPREME COURT OF LOUISIANA
No. 24-KH-0163
STATE OF LOUISIANA
v.
ANDREW HARVEY, JR.
ON SUPERVISORY WRITS TO THE TWENTY-FIRST
JUDICIAL DISTRICT COURT, PARISH OF TANGIPAHOA
PER CURIAM:
Denied. See State v. Reddick, 2021-1893 (La. 10/21/22), 351 So.3d 273.
Applicant has now fully litigated several applications 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.
04/30/24