STATE OF LOUISIANA v. JERRY EVANS (2025)

Writ application denied. See per curiam.

JLW

JDH

WJC

JMG

CRC

Supreme Court of Louisiana December 16, 2025

SUPREME COURT OF LOUISIANA

No. 25-KH-1220

STATE OF LOUISIANA

v.

JERRY EVANS

ON SUPERVISORY WRITS TO THE THIRD JUDICIAL DISTRICT COURT, PARISH OF LINCOLN

PER CURIAM:

Denied. Applicant's guilty plea waived all non-jurisdictional defects in the proceedings leading to his conviction. State v. Crosby, 338 So.2d 584, 586 (La. 1976). Furthermore, applicant has not made a showing of particularized need by filing an application which would fall under the exceptions of La.C.Cr.P. art. 930.8(A) and which needs the requested documents to support it. See State ex rel. Fleury v. State, 93-2898 (La. 10/13/95), 661 So.2d 488.

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.

Griffin, J., would grant and order production of transcript. McCallum, J., recused.