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State ex rel. Hankton v. State

Supreme Court of Louisiana

August 4, 2017

STATE EX REL. BINIKA HANKTON
v.
STATE OF LOUISIANA

         ON SUPERVISORY WRITS TO THE CRIMINAL DISTRICT COURT, PARISH OF ORLEANS

          PER CURIAM.

         Denied. 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.

         Relator 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.

         STATE OF LOUISIANA

         VERSUS

         BINIKAHAMKTON

         CRIMINAL DISTRICT COURT PARISH OF ORLEANS

         NO. 493-937

         SECTION "I"

         JUDGMENT

         This 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.

         First, 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 ...

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