2024-KH-01320 Precedential Writ application denied. Processed

State Of Louisiana v. George Cooks A/k/a Lawrence Kelly

Louisiana Supreme Court · Filed February 5, 2025

Opinion text

Supreme Court of Louisiana
February 05, 2025
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE OF LOUISIANA
VS.
GEORGE COOKS A/K/A LAWRENCE KELLY
No. 2024-KH-01320
_ _
_ _ _ _
IN
RE: George Cooks - Applicant Defendant; Applying For Supervisory Writ,
Parish of Orleans Criminal, Criminal District Court Number(s) 356- 484, Court of
Appeal, Fourth Circuit, Number(s) 2024-K-0581;
_ _ _ _ _ _
February 05, 2025
Writ application denied. See per curiam.
WJC
JLW
JDH
JTK
JBM
PDG
JMG
02/05/2025 "See News Release 003 for any Concurrences and/or Dissents."

SUPREME COURT OF LOUISIANA
No. 24-KH-1320
STATE OF LOUISIANA
v.
GEORGE COOKS A/K/A LAWRENCE KELLY
ON SUPERVISORY WRITS TO THE CRIMINAL
DISTRICT COURT, PARISH OF ORLEANS
PER CURIAM:
Denied. Applicant 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). 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.
02/05/25