State Of Louisiana v. David G. Sarpy

Supreme Court of Louisiana
December 11, 2024
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE OF LOUISIANA
VS.
DAVID G. SARPY
No. 2024-KH-00990
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I
N RE: David Sarpy - Applicant Defendant; Applying For Supervisory Writ, , 10th
Judicial District Court Number(s) 13323, Court of Appeal, Third Circuit, Number(s)
KH 23-00552;
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December 11, 2024
Writ application denied. See per curiam.
JBM
JLW
JDH
SJC
JTK
WJC
PDG
12/11/2024 "See News Release 055 for any Concurrences and/or Dissents."

SUPREME COURT OF LOUISIANA
No. 24-KH-0990
STATE OF LOUISIANA
v.
DAVID G. SARPY
ON SUPERVISORY WRITS TO THE TENTH
JUDICIAL DISTRICT COURT, PARISH OF NATCHITOCHES
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 two 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.
12/11/24