STATE EX REL. CODY SMOOT
STATE OF LOUISIANA
SUPERVISORY WRITS TO THE TWENTY-FOURTH JUDICIAL DISTRICT
COURT, PARISH OF JEFFERSON
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.
FOURTH JUDICIAL DISTRICT COURT PARISH OF JEFFERSON STATE OF
" L "
OF LOUISIANA VERSUS CODY SMOOT
matter comes before the court on petitioner's APPLICATION
FQR POSTCONVICTION RELIEF, STAMPED AS FILED SEPTEMBER 1,
2015, AND STATE'S RESPONSE, STAMPED AS FILED OCTOBER 20,
January 24, 2013, the petitioner was convicted of LSA-R.S.
14:30.1, second degree murder. On January 31, 2013, the court
sentenced him to life imprisonment. His conviction was
affirmed on appeal. State v. Smoot, 13-KA-453
(La.App. 5 Cir. 1/15/14), 134 So Id. 1; writ denied,
2014-KO-297 (La. 9/12/14) 147 So.3d 704
now files an application for post-conviction relief, alleging
the 'following claims:
1. Ineffective assistance' of counsel at trial when
counsel failed to file a motion to ' ...