State Of Louisiana v. Brian K. Allen, Jr. ( 2023 )

0
COURT OF APPEAL, FIRST CIRCUIT
STATE OF LOUISIANA NO. 2023 KW 0639
VERSUS
BRIAN K. ALLEN, JR.
SEPTEMBER 25, 2023
In Re: Brian K. Allen, Jr., applying for supervisory writs,
21st Judicial District Court, Parish of Livingston,
No. 33820.
BEFORE: GUIDRY, C. J., CHUTZ AND LANIER, JJ.
WRIT DENIED. The exception to the procedural bar and time
limitation set forth in La. Code Crim. P. arts. 930. 4 and 930. 8
shall apply
shall not
only to a substantive claim of factual innocence and
apply to any other claims raised by the petitioner.
See La. Code Crim. P. arts. 926. 2( A) & ( B) . Relator presents
NNnontestimonial evidence"
regarding La. Const. art. I, § 17 and
La. Code Crim. P. art. 782 as
they existed prior to their
amendment in 2018. These allegations and the nontestimonial
evidence submitted by relator have no
bearing on his factual
innocence in this case.
Accordingly, the district court did not
abuse its discretion by denying the application for
Postconviction relief.
JMG
WRC
WIL
RT OF APPEAL, FIRST CIRCUIT
EPUTY CLERK OF COURT
FOR THE COURT