State ex rel. Reed v. State , 2017 La. LEXIS 1622 ( 2017 )


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  • ON SUPERVISORY WRITS TO THE FIRST JUDICIAL DISTRICT COURT, PARISH OF CADDO

    PER CURIAM:

    11 Denied. The application was not timely filed in the district court, and relator fails to carry his burden to show that an exception applies. La.C.Cr.P. art, 930.8; State ex rel. Glover v. State, 93-2330 (La. 9/5/95), 660 So.2d 1189. In addition, relator fails to show he was denied the effective assistance of counsel during plea negotiations under the standard of Strickland v. Wash*503ington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984).

    Relator has now fully litigated two applications 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. Relator’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, relator has exhausted his right to state collateral review. The district court is ordered to record a minute entry consistent with this per curiam.

Document Info

Docket Number: No. 2016-KH-0470

Citation Numbers: 223 So. 3d 502, 2017 WL 3367767, 2017 La. LEXIS 1622

Filed Date: 8/4/2017

Precedential Status: Precedential

Modified Date: 10/19/2024