State Of Louisiana v. Ricky Davis

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.
RICKY DAVIS
No. 2024-KH-00200
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I
N RE: Ricky Benitez Davis - Applicant Defendant; Applying For Supervisory Writ,
Parish of East Baton Rouge, 19th Judicial District Court Number(s) 03- 08-0365,
Court of Appeal, First Circuit, Number(s) 2023 KW 1208;
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April 16, 2024
Writ application denied - See per curiam.
Griffin, J., would grant. See State v. Reddick, 2021-01893 (La. 10/21/22) 351
So.3d. 273. (Griffin, J. dissenting).
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-0200
STATE OF LOUISIANA
v.
RICKY DAVIS
ON SUPERVISORY WRITS TO THE NINETEENTH
JUDICIAL DISTRICT COURT, PARISH OF EAST BATON ROUGE
PER CURIAM:
Denied. Applicant fails to meet the requirements to assert a claim of factual
innocence under La.C.Cr.P. art. 926.2.
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