State v. Dalcourt

Supreme Court of Louisiana

State v. Dalcourt

175 So. 3d 957, 2015 La. LEXIS 1980, 2015 WL 5778846

CourtSupreme Court of Louisiana

DecidedOctober 2, 2015

DocketNo. 2015-KP-920

StatusPublished

This text of 175 So. 3d 957 (State v. Dalcourt) 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 v. Dalcourt, 175 So. 3d 957, 2015 La. LEXIS 1980, 2015 WL 5778846 (La. 2015).

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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).

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 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.

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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).

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 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.

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Bluebook (online)

175 So. 3d 957, 2015 La. LEXIS 1980, 2015 WL 5778846, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-dalcourt-la-2015.

Opinion

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