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State ex rel. Alexander v. State

Supreme Court of Louisiana

February 17, 2017

STATE EX REL. JAMARIO ALEXANDER
v.
STATE OF LOUISIANA

         ON SUPERVISORY WRITS TO THE TWENTY-FOURTH JUDICIAL DISTRICT COURT, PARISH OF JEFFERSON

          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). As to the remaining claims, relator fails to show that the District Court erred in finding them impermissibly omitted from his earlier pleadings, see La.C.Cr.P. art. 930.4, and also fails to carry his post-conviction burden of proof. Cf. La.C.Cr.P. art. 930.2. We attach hereto and make a part hereof the District Court's written ruling denying relator's application.

         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.

         Twenty Fourth Judicial District Court Paris of Jefferson State Of Louisiana

         No. 11-4660

         August 10, 2015

         ORDER

         This matter comes before the court on petitioner's APPLICATION FOR POST-CONVICTION RELIEF. STAMPED AS FILED APRIL 6, 2015, and STATE'S RESPONSE TO POST CONVICTIONAPPLICATION, STAMPED AS TILED JUNK IS, 2015.

         On May 10, 2012, petitioner was convicted of count #1, LSA-R.S, 14:30.1, second degree murder, and count #2, LSA-R.S. 14:95, 1, convicted felon with a weapon. On May 17, 2012, the court sentenced him on count #1 to life imprisonment at hard-labor, and on count #2 to 20 years imprisonment at hard labor, to be served consecutively. Petitioner's conviction and sentence was upheld on direct appeal. State v. Alexander, 12-KA-807 (La.App. 5 Cir., 5/16/1103), 118 So.3d 1138 writ denied, 13-KO-1354. (La. 1/10/14), 130So.3d320.

         Petitioner now files an application for post-conviction relief, alleging the following claims;

1. Abuse of discretion in Motion to Sever.
2. Ineffective assistance of counsel.
3. Violation of equal protection and 14th Amendment with allowance of non-unanimous jury verdicts, and motivation to ...

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