State Of Louisiana v. Kyron Theophile

Supreme Court of Louisiana
September 04, 2024
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE OF LOUISIANA
VS.
KYRON THEOPHILE
No. 2024-KP-00285
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I
N RE: State of Louisiana - Applicant Plaintiff; Applying For Writ Of Certiorari,
Parish of Orleans Criminal, Criminal District Court Number(s) 528- 690, Court of
Appeal, Fourth Circuit, Number(s) 2024-K-0019;
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September 04, 2024
Writ application granted. See per curiam.
PDG
JLW
JDH
SJC
JTK
WJC
JBM
09/04/2024 "See News Release 040 for any Concurrences and/or Dissents."

SUPREME COURT OF LOUISIANA
No. 24-KP-0285
STATE OF LOUISIANA
v.
KYRON THEOPHILE
ON SUPERVISORY WRITS TO THE CRIMINAL
DISTRICT COURT, PARISH OF ORLEANS
PER CURIAM:
Granted. The court of appeal’s ruling of February 20, 2024, is vacated, and
the sentence affirmed by State v. Theophile , 19-0467 (La. App. 4 Cir. 12/11/19),
287 So.3d 53, writ denied, 20 -0075 (La. 11/10/20), 303 So.3d 1047, is reinstated.
Applicant fails to show he was denied the effective assistance of counsel during
plea negotiations under the standard of Strickland v. Washington , 466 U.S. 668,
104 S.Ct. 2052, 80 L.Ed.2d 674 (1984).
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 manda tory. 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
09/04/24

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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.