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PER CURIAM: *298Writ granted. Respondent fails to show that his counsel's performance prejudiced him to the extent that the trial was rendered unfair and the verdict suspect. See Strickland v. Washington,
466 U.S. 668 ,104 S.Ct. 2052 ,80 L.Ed.2d 674 (1984). Accordingly, the judgment of the court of appeal vacating the district court's denial of respondent's application for post-conviction relief is reversed. The district court's April 13, 2016, ruling is reinstated.Respondent 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 in2013 La. Acts 251 amended that article to make the procedural bars against successive filings mandatory. Respondent'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, respondent 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. 2017–KP–0093
Citation Numbers: 241 So. 3d 297
Filed Date: 4/16/2018
Precedential Status: Precedential
Modified Date: 10/18/2024