State Of Louisiana v. Derrick Rick
State Of Louisiana v. Derrick Rick, No. 2024-KP-00512 (La. Nov. 20, 2024).
Opinion text
Supreme Court of Louisiana
November 20, 2024
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE OF LOUISIANA VS. DERRICK RICK
No. 2024-KP-00512
_ _
_ _ _ _
IN
RE: Derrick Rick - Applicant Defendant; Applying For Supervisory Writ, Parish
of Tangipahoa, 21st Judicial District Court Number(s) 98377, Court of Appeal, First
Circuit, Number(s) 2023 KW 1258;
_ _ _ _ _ _
November 20, 2024
Writ application denied. See per curiam.
WJC
JLW
JDH
SJC
JTK
JBM
PDG
11/20/2024 "See News Release 053 for any Concurrences and/or Dissents."
SUPREME COURT OF LOUISIANA
No. 24-KP-0512
STATE OF LOUISIANA
v.
DERRICK RICK
ON SUPERVISORY WRITS TO THE TWENTY-FIRST
JUDICIAL DISTRICT COURT, PARISH OF TANGIPAHOA
PER CURIAM:
Denied. Applicant fails to satisfy his post -conviction burden of proof.
La.C.Cr.P. art. 930.2.
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.
11/20/24