State Of Louisiana v. Perry Leo Simms

Supreme Court of Louisiana
October 01, 2024
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE OF LOUISIANA
VS.
PERRY LEO SIMMS
No. 2024-KH-00805
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I
N RE: Perry Simms - Applicant Defendant; Applying For Supervisory Writ, Parish
of St. Landry, 27th Judicial District Court Number(s) 87- 0525, Court of Appeal,
Third Circuit, Number(s) KH 24-00240;
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October 01, 2024
Writ application denied. See per curiam.
SJC
JLW
JDH
JTK
WJC
JBM
PDG
10/01/2024 "See News Release 044 for any Concurrences and/or Dissents."

SUPREME COURT OF LOUISIANA
No. 24-KH-0805
STATE OF LOUISIANA
v.
PERRY LEO SIMMS
ON SUPERVISORY WRITS TO THE TWENTY-SEVENTH
JUDICIAL DISTRICT COURT, PARISH OF ST. LANDRY
PER CURIAM:
Denied. 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 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.
10/01/24