STATE EX REL. BINIKA HANKTON
STATE OF LOUISIANA
SUPERVISORY WRITS TO THE CRIMINAL DISTRICT COURT, PARISH OF
Relator fails to show she 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). Relator's remaining claims are repetitive.
La.C.Cr.P. art. 930.4. We attach hereto and make part hereof
the district court's written reasons denying relief.
has now fully litigated three applications 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 she can show that one of the narrow
exceptions authorizing the filing of a successive application
applies, relator has exhausted her right to state collateral
review. The district court is ordered to record a minute
entry consistent with this per curiam.
DISTRICT COURT PARISH OF ORLEANS
matter is before the Court on an Application for
Post-Conviction Relief which was filed pro se on August 3,
2015. In this application, the defendant raises three issues
which will be addressed below.
Ms. Hankton contends that the evidence adduced at trial was
insufficient to support her conviction. Ms. Hankton raised
this very issue in her appeal and the Fourth Circuit Court of
Appeal concluded otherwise:
Considering "the record as a whole, " as per
Huckaby and its progeny, we find that the evidence
presented at trial "could reasonably support a finding
of guilt beyond a reasonable doubt. (Page 11 of Fourth