Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State ex rel. Price v. State

Supreme Court of Louisiana

August 4, 2017

STATE EX REL. JERRY WAYNE PRICE
v.
STATE OF LOUISIANA

         ON SUPERVISORY WRITS TO THE TWENTY-SECOND JUDICIAL DISTRICT COURT, PARISH OF ST. TAMMANY

          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). In addition, relator's claim of prosecutorial misconduct is repetitive and/or unsupported, La.C.Cr.P. art. 930.2, and barred from collateral review by La.C.Cr.P. art. 930.4. 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.

         22' JUDICIAL DISTRICT COURT PARISH OF ST TAMMANY STATE OF LOUSIANA

         STATE OF LOUISIANA

         VERSUS

         JERRY PRICE

         No. 496718 "J"

         REASONS FOR JUDGMENT

          William J. Knight, Judge

         On May 13, 2015, petitioner Jerry Price filed an Application for Post Conviction Relief. On May 28, 2015, the Court ordered the District Attorney's office to file an answer or procedural objections thereto. Through a clerical error, the District Attorney's office did not receive notice of this order until August 20, 2015. On August 28, 2015, the District Attorney filed an answer to the application.

         Petitioner Price raises three claims in his application and supporting memorandum. First, Price contends that his trial counsel was ineffective in that counsel failed to prepare adequately for trial or to conduct any meaningful investigation of the case. Petitioner Price fails to provide any support to the mere allegations and conclusory statements that his trial counsel failed to properly investigate the case and was ineffective. In order to carry his burden of proof relative to an ineffective assistance of counsel claim, petitioner must offer proof beyond general, conclusory statements. Petitioner Price has not done so. Therefore, the Court finds that this claim is without merit and it is denied.

         Secondly, petitioner argues that the State appealed to the prejudice of the jurors in closing arguments and undermined the outcome of the trial by referring to "credibility of the truthfulness and identity of the detectives and confidential informants." Additionally, petitioner Price argues that the prosecutor's statements during closing argument were prejudicial when he used the phrase "smoking gun." Again, petitioner has failed to demonstrate, beyond mere conclusory allegations, how the prosecutor's closing ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.