Opinion

State v. Brown

  • 175 So. 3d 957
  • 2015 La. LEXIS 1959
  • 2015 WL 5778851
Court
Supreme Court of Louisiana
Filed
Oct 2, 2015
Status
Published
Cited by
0 cases
Authority
More cited than 17.4%

The opinion

PER CURIAM.

| denied. Relator fails to show 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). Furthermore, his complaint regarding his- habitual offender adjudication is not cognizable oh collateral review. La.C.Cr.P. art. 930.3; State ex rel. Melinie v. State, 93-1380 (La.1/12/96), 665 So.2d 1172 ; State v. Cotton, 09-2397 (La.10/15/10), 45 So.3d 1030 ; State v. Thomas, 08-2912 (La.10/16/09), 19 So.3d 466 .

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 limitations period as set out in La.C.Cr.P. art. 930.8. Notably, the Legislature in 2013 La. Acts 251 amended La.C.Cr.P. art. 930.4 to make the procedural bars against *958 successive filings mandatory. Relator’s claims have now been fully litigated in state collateral proceedings in accord with La.C.Cr.P. art. 930.6, and this denial is final. Hereafter, unless relator 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.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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