STATE EX REL. CHRISTOPHER BRIAN COPE
STATE OF LOUISIANA
SUPERVISORY WRITS TO THE FIRST JUDICIAL DISTRICT COURT,
PARISH OF CADDO
Relator's claims regarding his confession, pretrial
publicity, and the survivability defense are repetitive.
La.C.Cr.P. art. 930.4(A); see State v. Cope, 48, 739
(La.App. 2 Cir. 4/9/14), 137 So.3d 151, writ denied,
14-1008 (La. 12/8/14), 153 So.3d 440. In addition, relator
fails to show 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). 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.
MOSELY, JR. DISTRICT JUDGE.
subject of this Opinion is Petitioner's Application for
Post-Conviction Relief filed October 12, 2015. For the
foregoing reasons, Petitioners Application is DENIED.
about October 30, 2012. the Petitioner, present with counsel.
Bruce Whittaker, was found guilty as charged of First Degree
Murder and waived sentencing delays. Whereupon, the
Petitioner was sentenced to life imprisonment at hard labor
and committed to the Louisiana Department of Corrections,
subject to the conditions provided by law. The court ordered
said sentence to be served without the benefit of probation,
parole or suspension of sentence and with credit for time
served. The court informed the Petitioner of his right to
appeal and post-conviction relief proceedings as per
Boykin v. Alabama. The Petitioner's conviction
and sentence were affirmed on appeal, and the Louisiana
Supreme Court denied writs. State v. Cope, 48, 739
(La.App. 2d Cir. 4/09/14), 137 So.3d 151, writ
denied, 2014-1008 (La. 12/8/14), 153 So.3d 440.
Petitioner first raises two claims and argues the trial court
erred in denying his motions to suppress the confession and
motion for change of venue. As stated in the Assistant
District Attorney's Procedural Objection to the
Petitioner's Application for Post-Conviction Relief,
"both issues were raised and fully litigated in the
Petitioner's appeal." State v. Cope, 48,
739 (La.App. 2d Cir. 4/09/14), 137 So.3d 151, writ
denied, 2014-1008 (La. 12/8/14), 153 So.3d 440.
in his application for post-conviction relief, Petitioner
alleges ineffective assistance of counsel. To succeed on an
ineffective assistance of counsel claim, Petitioner must
first satisfy the test set forth by the United States Supreme
Court in Strickland v. Washington, 466 U.S. 668
(1984). Petitioner must show that counsel's performance
was deficient, that the deficiency prejudiced him} and that
counsells error was so serious that it violated
Petitioner's right to effective assistance of counsel as
guaranteed by the Sixth Amendment of the U.S. Constitution.
Id., at 686. The Petitioner must prove actual
prejudice before relief will be granted. It is not sufficient
for the Petitioner to show the error had some conceivable
effect on the outcome of the proceedings. Rather, he must
show that but for counsel's unprofessional errors, there
is a reasonable probability the outcome would have been
different. Id. at 693. The performance and conduct
of the defense attorney must be evaluated from that
counsel's perspective at the time of the occurrence.
Petitioner has not met his burden under Strickland
of showing a different outcome. He merely makes unsupported
allegations of ineffective assistance of counsel; Petitioner
has not met his burden of proof pursuant to Louisiana Code of
Criminal Procedure article 930.2.
in accordance with La. Code of Criminal Procedure Article
930.4, where an application for post-conviction relief
alleges a claim of which the petitioner had knowledge and
inexcusably failed to raise in the proceedings leading to
conviction, the court may deny relief. The limitations on
prosecution alleged by the Petitioner should have been
acknowledged in proceedings leading to conviction. Petitioner
should include reasons why this claim was not presented at
trial or on appeal.
foregoing reasons, Petitioner's Application for