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State ex rel Holden v. State

Supreme Court of Louisiana

April 13, 2017

STATE EX REL. STEVEN HOLDEN
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). 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.

         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 PARISH OF JEFFERSON STATE OF LOUISIANA NO. 09-5901 DIVISION "I"

         STATE OF LOUISIANA

         v.

         STEVEN HOLDEN

         NO. 09-5901

         FILED: 8-5-13

         ORDER

         This 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.

         On 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 ...


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