State ex rel. Powell v. State

Supreme Court of Louisiana

State ex rel. Powell v. State

209 So. 3d 694, 2017 WL 462165, 2017 La. LEXIS 280

CourtSupreme Court of Louisiana

DecidedFebruary 3, 2017

DocketNo. 2016-KH-0518

StatusPublished

This text of 209 So. 3d 694 (State ex rel. Powell v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State ex rel. Powell v. State, 209 So. 3d 694, 2017 WL 462165, 2017 La. LEXIS 280 (La. 2017).

Pincite

Opinion

PER CURIAM:

h Denied. Relator abandoned his pro-se pre-trial motions when he proceeded to trial without obtaining rulings on them, see La.C.Cr.P. art. 841, and therefore shows no error in the court’s failure to issue such rulings. Relator also fails to show that he received ineffective assistance of counsel, see Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984), as a result of counsel’s failure to adopt and argue the pro-se motions or as a result of counsel’s trial strategy. La.C.Cr.P. art. 930.2.

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 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.

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PER CURIAM:

h Denied. Relator abandoned his pro-se pre-trial motions when he proceeded to trial without obtaining rulings on them, see La.C.Cr.P. art. 841, and therefore shows no error in the court’s failure to issue such rulings. Relator also fails to show that he received ineffective assistance of counsel, see Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984), as a result of counsel’s failure to adopt and argue the pro-se motions or as a result of counsel’s trial strategy. La.C.Cr.P. art. 930.2.

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 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.

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Bluebook (online)

209 So. 3d 694, 2017 WL 462165, 2017 La. LEXIS 280, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-powell-v-state-la-2017.

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