State Of Louisiana v. Christopher Shane Mckemie

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.
CHRISTOPHER SHANE MCKEMIE
No. 2024-KP-00184
_ _
_ _ _ _
I
N RE: Christopher McKemie - Applicant Defendant; Applying For Supervisory
Writ, Parish of Terrebonne, 32nd Judicial District Court Number(s) 430076, Court
of Appeal, First Circuit, Number(s) 2023 KW 1109;
_ _ _ _ _ _
October 01, 2024
Writ application denied. See per curiam.
Hughes, J., would grant.
Griffin, J., would grant.
JLW
SJC
JTK
WJC
JBM
10/01/2024 "See News Release 044 for any Concurrences and/or Dissents."

S
UPREME COURT OF LOUISIANA
No.
24-KP-0184
STA
TE OF LOUISIANA
v.
C
HRISTOPHER SHANE McKEMIE
ON
SUPERVISORY WRITS TO THE THIRTY-SECOND
JUDICIAL DISTRICT COURT, PARISH OF TERREBONNE
P
ER CURIAM:
Ap
plicant fails to meet the requirements to assert a claim of factual
innocence under La.C.Cr.P. art. 926.2. As to his remaining claims, he fails to meet
his post-conviction burden of proof and/or the claims are untimely. La.C.Cr.P. art.
930.2; La.C.Cr.P. art. 930.8.
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