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State ex rel. Stewart v. State

Supreme Court of Louisiana

August 4, 2017

STATE EX REL. VINCENT STEWART
v.
STATE OF LOUISIANA

         ON SUPERVISORY WRITS TO THE TWENTY-FOURTH JUDICIAL DISTRICT COURT, PARISH OF JEFFERSON

          PER CURIAM.

         Denied. 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.

         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.

         TWENTY FOURTH JUDICIAL DISTRICT COURT PARISH OF JEFFERSON STATE OF LOUISIANA

         STATE OF LOUISIANA

         VERSUS

         VINCENT STEWART

         NO. 14-6454, 14-6702

         DIVISION “P”

         ORDER

         This matter comes before the court on petitioner's

         LETTER TO COURT; STATUS OF MOTION STYLED LETTER FILED 3-24-15: OR RULING MADE; OR RENDER DECISION. STAMPED AS FILED DECEMBER 9.2015:

         AND LETTER TO COURT: TO SEND THIS COURT'S RULING ON THE 3-24-15 MOTION STYLED LETTER TO DOC, OR TO STEWART. ...


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