STATE EX REL. HASSAN A. ABDUL, IV
STATE OF LOUISIANA
SUPERVISORY WRITS TO THE TWENTY-FOURTH JUDICIAL DISTRICT
COURT, PARISH OF JEFFERSON
Relator's claims regarding the sufficiency of the
evidence and those related to his waiver of counsel are
repetitive. La.C.Cr.P. art. 930.4. See also State v.
Abdul, 11-0863 (La.App. 5 Cir. 4/24/12), 94 So.3d 801,
writ denied sub nom. State ex rel. Abdul v.
State, 12-1224 (La. 10/12/12), 99 So.3d 41, and
State ex rel. Abdul v. State, 12-1226 (La.
10/12/12), 99 So.3d 41. As to the remaining claims, relator
fails to satisfy his post-conviction burden of proof.
La.C.Cr.P. art. 930.2. In addition, many of the claims are
not preserved for review by contemporaneous objection and
relator cannot complain his self-representation was
inadequate. Faretta v. California, 422 U.S. 806,
834, 95 S.Ct. 2525, 2541, n.46, 45 L.Ed.2d 562 (1975);
see also State v. Dupre, 500 So.2d 873, 878 (La.App.
1 Cir. 1986). We attach hereto and make a part hereof the
district court's written reasons denying relief.
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.
FOURTH JUDICIAL DISTRICT COURT PARISH OF JEFFERSON STATE OF
matter comes before the court on the petitioner's
APPLICATION FOR POST-CONVICTION RELIEF, STAMPED AS FILED JUNE
30, 2015, AND THE STATE'S RESPONSE. STAMPED AS FILED
OCTOBER 9, 2015.
pro se application, the petitioner challenges his conviction
for attempted second degree murder. The petitioner's
conviction and sentence have twice been upheld by the Fifth
Circuit Court of Appeal. State v. Abdul, 11-863
(La.App. 5th Cir. 04/24/12), 94 So.3d 801), writ
denied, 12-1224 (La. 10/12/12), 99 So.3d 41 and
State v. Abdul, 13-566 (La.App. 5th Cir. 12/12/13),
131 So.3d 365, writ denied, 14-0249 (La. 10/10/14),
150 So.3d 895.
petitioner raises eight claims for relief. They are:
(1) Insufficient evidence to support the offense of attempted
second degree murder, prosecutor failed to provide to the
court forensic evidence, and direct evidence to establish the
guilt of attempted second degree murder.
(2) Insufficient evidence on the basis of actual innocence.
(3) Judge denied petitioner the right to counsel and
subjected the petitioner to self-representation without a
(4) Petitioner was denied effective assistance of counsel.
(5) The trial judge erred in failing to declare a mistrial
due to remarks made by a juror duing trial that were clearly
biased and prejudicial.
(6) 911 tapes should have been excluded because statement
violates confrontation clause, hearsay provisions, and
evidentiary rules prohibiting evidence of other crimes.
(7) During prosecutor's closing and rebuttal argument,
the state argued facts not in evidence, improperly vouched
for an expert witness, improperly asserted prosecutor's
opinion, and ...