State Of Louisiana v. Randy Anthony Brown
State Of Louisiana v. Randy Anthony Brown, No. 2024-KH-00467 (La. Sept. 4, 2024).
Authorities cited
Identified automatically; this list may not be exhaustive.
- State Ex Rel. Melinie v. State 665 So. 2d 1172
Opinion text
Supreme Court of Louisiana
September 04, 2024
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE OF LOUISIANA
VS.
RANDY ANTHONY BROWN
No. 2024-KH-00467
_ _ _ _
_ _
IN
RE: Randy Brown - Applicant Defendant; Applying For Supervisory Writ, Parish
of St. Mary, 16th Judicial District Court Number(s) 2020-206243, Court of Appeal,
First Circuit, Number(s) 2023 KW 1367;
_ _ _ _ _ _
September 04, 2024
Writ application denied. See per curiam.
JLW
JDH
SJC
JTK
WJC
JBM
PDG
09/04/2024 "See News Release 040 for any Concurrences and/or Dissents."
SUPREME COURT OF LOUISIANA
No. 24-KH-0467
STATE OF LOUISIANA
v.
RANDY ANTHONY BROWN
ON SUPERVISORY WRITS TO THE SIXTEENTH
JUDICIAL DISTRICT COURT, PARISH OF ST. MARY
PER CURIAM:
Denied. Applicant’s sentencing claim is not cognizable on collateral review.
La.C.Cr.P. art. 930.3; State ex rel. Melinie v. State , 93 -1380 (La. 1/12/96), 665
So.2d 1172. The application is also repetitive. La.C.Cr.P. art. 930.4.
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.
09/04/24