State Of Louisiana v. Bradley Shawn Smith

Supreme Court of Louisiana
September 24, 2024
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE OF LOUISIANA
VS.
BRADLEY SHAWN SMITH
No. 2024-KH-00735
_ _
_ _ _ _
IN
RE: Bradley Shawn Smith - Applicant Defendant; Applying For Supervisory
Writ, Parish of Ouachita, 4th Judicial District Court Number(s) 2017-F-1460, Court
of Appeal, Second Circuit, Number(s) 55,807-KH;
_ _ _ _ _ _
September 24, 2024
Writ application denied. See per curiam.
WJC
JLW
JDH
SJC
JTK
JBM
PDG
09/24/2024 "See News Release 043 for any Concurrences and/or Dissents."

SUPREME COURT OF LOUISIANA
No. 24-KH-0735
STATE OF LOUISIANA
v.
BRADLEY SHAWN SMITH
ON SUPERVISORY WRITS TO THE FOURTH
JUDICIAL DISTRICT COURT, PARISH OF OUACHITA
PER CURIAM:
Denied. Applicant shows no entitlement to DNA testing. See La.C.Cr.P. art.
926.1. Applicant also fails to show that the state withheld material exculpatory
evidence in violation of Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10
L.Ed.2d 215 (1963). As to applicant’s remaining claims, the application was not
timely filed in the district court, and applicant fails to carry his burden to show that
an exception applies. La.C.Cr.P. art. 930.8; State ex rel. Glover v. State, 93 -2330
(La. 9/5/95), 660 So.2d 1189.
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 manda tory. 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
09/24/24

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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.