State ex rel. Scott v. State , 235 So. 3d 1095 ( 2018 )


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  • ON SUPERVISORY WRITS TO THE TWENTIETH JUDICIAL DISTRICT COURT, PARISH OF EAST FELICIANA

    PER CURIAM:

    | ] Denied. Relator fails to show that he received ineffective assistance of counsel under the standard of Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984).

    ‘ Relator 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 limita^-tions 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 succéssive 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-2007

Citation Numbers: 235 So. 3d 1095

Filed Date: 2/9/2018

Precedential Status: Precedential

Modified Date: 8/24/2021