State Of Louisiana v. Derrick Claville

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.
DERRICK CLAVILLE
No. 2024-KH-01158
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_ _ _ _
IN
RE: Derrick Claville - Applicant Defendant; Applying For Supervisory Writ,
Parish of East Baton Rouge, 19th Judicial District Court Number(s) 10- 99-0543 &
09-00-0416, Court of Appeal, First Circuit, Number(s) 2024 KW 0576;
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December 11, 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)
WJC
JLW
JDH
SJC
JTK
JBM
12/11/2024 "See News Release 055 for any Concurrences and/or Dissents."

SUPREME COURT OF LOUISIANA
No. 24-KH-1158
STATE OF LOUISIANA
v.
DERRICK CLAVILLE
ON SUPERVISORY WRITS TO THE NINETEENTH
JUDICIAL DISTRICT COURT, PARISH OF EAST BATON ROUGE
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. See also
State v. Reddick, 21-1893 (La. 10/21/22), 351 So.3d 273.
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.
12/11/24