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State ex rel. Holt v. State

Supreme Court of Louisiana

March 24, 2017

STATE EX REL. BARNEY NOEL HOLT, III
v.
STATE OF LOUISIANA

         ON SUPERVISORY WRITS TO THE FIRST JUDICIAL DISTRICT COURT, PARISH OF CADDO

          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 satisfy his post-conviction burden of proof. La.C.Cr.P. art. 930.2. We attach hereto and make a part hereof the district court's written reasons 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 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 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.

         STATE OF LOUISIANA

         VERSUS

         BARNEY HOLT, III

         NUMBER: 274385

          SECTION 5

         1st JUDICIAL DISTRICT

         CADDO PARISH, LOUISIANA

          RULING

          Charles G. Tutt, District Judge

         Currently before the Court is a "Uniform Application for Post Conviction Relief ("Motion") filed on March 31, 2015 by Barney Holt, III ("Petitioner"), For the reasons that ...


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