STATE EX REL. JAMAR STOCKMAN
STATE OF LOUISIANA
SUPERVISORY WRITS TO THE TWENTY-NINTH JUDICIAL DISTRICT
COURT, PARISH OF ST. CHARLES
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
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.
CIRCUIT COURT OF APPEAL STATE OF LOUISIANA
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
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
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
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 ...