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State ex rel. Stockman v. State

Supreme Court of Louisiana

August 4, 2017

STATE EX REL. JAMAR STOCKMAN
v.
STATE OF LOUISIANA

         ON SUPERVISORY WRITS TO THE TWENTY-NINTH JUDICIAL DISTRICT COURT, PARISH OF ST. CHARLES

          PER CURIAM

         Denied. Relator fails to show that 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). Relator's remaining claim is repetitive. La.C.Cr.P. art. 930.4. We attach hereto and make a part hereof the court of appeal's written reasons denying writs.

         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.

         FIFTH CIRCUIT COURT OF APPEAL STATE OF LOUISIANA

         STATE OF LOUISIANA

         v.

         JAMAR STOCKMAN

         No. 15-KH-755

         WRIT DENIED

         In this writ application, relator challenges the district court's denial of his application for post conviction relief. After reviewing the writ application and supplement, we deny relief.

         On September 10, 2013, relator was found guilty, by a six-person jury, of one count of possession of hydrocodone and one count of possession of cocaine, both violations of La. R.S. 40:967(A). On November 19, 2013, the trial court sentenced defendant to five years imprisonment with the Department of Corrections, on each count, to be served consecutively. Meanwhile, on December 12, 2013, relator stipulated to his status as a fourth felony offender. On that date, the trial court imposed an enhanced sentence of 20 years in the custody of the Department of Corrections. Relator appealed his underlying convictions and sentences, but not his enhanced sentence. This Court affirmed both convictions and sentences and the Louisiana Supreme Court denied certiorari. State v. Stockman, 14-149 (La.App. 5 Cir. 7/30/14), 147 So.3d 263, 264-65, writ denied, 14-1865 (La. 5/2/15), 163 So.3d 792.

         On June 18, 2015, relator filed an application for post conviction relief in the Twenty-Ninth Judicial District Court for the Parish of St. Charles. On June 25, 2015 and July 10, 2015, relator filed supplemental claims for post conviction relief. In these applications, relator claimed that (1) he was denied effective assistance of counsel; (2) there was "insufficient evidence as to who was the suspect;" and (3) his arrest after a nonconsensual search and seizure was unconstitutional.

         On August 17, 2015, after reviewing relator's application for post conviction relief and the State's response, the district court denied relief on all claims finding that relator's claims were procedurally barred as they were fully litigated on appeal and, even if the merits ...


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