State ex rel. Richards v. State

Supreme Court of Louisiana

State ex rel. Richards v. State

188 So. 3d 1048, 2016 WL 1423967, 2016 La. LEXIS 877

CourtSupreme Court of Louisiana

DecidedApril 8, 2016

DocketNo. 2015-KH-1044

StatusPublished

This text of 188 So. 3d 1048 (State ex rel. Richards 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. Richards v. State, 188 So. 3d 1048, 2016 WL 1423967, 2016 La. LEXIS 877 (La. 2016).

Pincite

Opinion

PER CURIAM.

| j 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). As to the remaining claims, relator fails to satisfy his post-conviction burden of proof. La.C.Cr.P. art. 930.2. Finally, relator makes no showing of particularized need for the appellate record. See State ex rel. Bernard v. Cr. D.C., 94-2247 (La.4/28/95), 653 So.2d 1174.

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 [1049]*1049now 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.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

| j 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). As to the remaining claims, relator fails to satisfy his post-conviction burden of proof. La.C.Cr.P. art. 930.2. Finally, relator makes no showing of particularized need for the appellate record. See State ex rel. Bernard v. Cr. D.C., 94-2247 (La.4/28/95), 653 So.2d 1174.

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 [1049]*1049now 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.

Cite This Page — Counsel Stack

Bluebook (online)

188 So. 3d 1048, 2016 WL 1423967, 2016 La. LEXIS 877, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-richards-v-state-la-2016.

Opinion

Related

Cite This Page — Counsel Stack