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PER CURIAM: Denied. Relator fails to show that he was denied the effective assistance of counsel during plea negotiations under the standard of Strickland v. Washington ,
466 U.S. 668 ,104 S.Ct. 2052 ,80 L.Ed.2d 674 (1984). As to his remaining claim, relator fails to satisfy his post-conviction burden of proof. La.C.Cr.P. art. 930.2.Relator has now fully litigated an 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 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. 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. 2017-KH-0813
Citation Numbers: 250 So. 3d 259
Filed Date: 8/3/2018
Precedential Status: Precedential
Modified Date: 10/18/2024