STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT STATE OF LOUISIANA NO. 2023 KW 0334

VERSUS

WALTER A. KOTT, JR. JUNE 20, 2023

In Re: Walter A. Kott, Jr., applying for supervisory writs, 22nd Judicial District Court, Parish of St. Tammany, No. 378041.

BEFORE: GUIDRY, C. J., McCLENDON AND WELCH, JJ.

WRIT DENIED. The medical report offered in the instant application for postconviction relief in support of relator' s factual innocence claim does not constitute new evidence.

Therefore, relator has failed to point to any new, reliable, and noncumulative evidence to substantiate his claim of factual innocence. See La. Code Crim. P. art. 926. 2 ( B) . The other claims in the application for postconviction relief do not meet any of the enumerated exceptions to La. Code Crim. P.' art. 930. 8 time bar. Accordingly, the district court did not abuse its discretion by denying the application for postconviction relief.

JMG PMC JEW

OURT OF APPEAL, FIRST CIRCUIT

FOR THE COURT