State v. Marcus

241 So. 3d 297

• Court: Supreme Court of Louisiana
• Decided: April 16, 2018
• Docket: No. 2017–KP–0093
• Status: Published

Opinion

PER CURIAM:

*298Writ granted. Respondent fails to show that his counsel's performance prejudiced him to the extent that the trial was rendered unfair and the verdict suspect. See Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). Accordingly, the judgment of the court of appeal vacating the district court's denial of respondent's application for post-conviction relief is reversed. The district court's April 13, 2016, ruling is reinstated.

Respondent 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. Respondent'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, respondent has exhausted his right to state collateral review. The district court is ordered to record a minute entry consistent with this per curiam.