STATE EX REL. STEVEN HOLDEN
STATE OF LOUISIANA
SUPERVISORY WRITS TO THE TWENTY-FOURTH JUDICIAL DISTRICT
COURT, PARISH OF JEFFERSON
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). In addition, relator's claim of prosecutorial
misconduct is procedurally barred. La.C.Cr.P. art. 930.4. We
attach hereto and make a part hereof the district court's
written reasons denying relator's application.
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.
FOURTH JUDICIAL DISTRICT COURT PARISH OF JEFFERSON STATE OF
LOUISIANA NO. 09-5901 DIVISION "I"
matter comes before the court on petitioner's
APPLICATION FOR POST-CONVICTION RELIEF. STAMPED AS
FILED MARCH 11. 2013; AND STATE'S RESPONSE. STAMPED AS
FILED MAY 3, 2013.
September 21, 2010, the petitioner was convicted of two
counts of LSA-R.S, 14:64, relative to armed robbery. On
October 12, 2010, the court sentenced him on each count to 50
years imprisonment at hard labor, to run concurrently. On
December 3, 2010, the court found him to be a
multiple offender as to count #1, and re-sentenced him under
the multiple bill on that count to 75 years imprisonment at
hard labor, to run concurrently with the previous sentence
for count #2. His conviction was affirmed on appeal, and
remanded for resentencing and clarification on ...