SUPERVISORY WRITS TO THE TWENTY-FOURTH JUDICIAL DISTRICT
COURT, PARISH OF JEFFERSON
Relator fails to show that 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). As to the remaining claim, relator fails to satisfy
his post-conviction burden of proof. La.C.Cr.P. art. 930.2.
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
" E "
matter comes before the court on petitioner's
APPLICATION FOR POSTCONVICTION HFIJFF, STAMPED AS
FILED DECEMBER 4. 2015. and STATE'S RESPONSE. STAMPED AS
FILED JANUARY 20.2016.
December 7, 2011, the petitioner was convicted of LSA-R.S.
14:31, manslaughter. On December 13, 2011, the court
sentenced him to 35 years imprisonment at hard labor. January
31, 2013, the court sentenced him to life imprisonment. His
conviction was affirmed on appeal. State v. Pham,
12-KA-635 (La.App. 5 Cir. 5/16/13), 119 So.3d 202; writ
denied, 2013-K-1398 (La.l2/6/13)129So.3d531.
through counsel, files an application for post-conviction
relief, alleging the following claims:
1. Ineffective assistance of counsel at trial when counsel
failed to move to suppress ...