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State v. Pham

Supreme Court of Louisiana

December 15, 2017

STATE OF LOUISIANA
v.
QUOC-KHOI A. PHAM

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

          PER CURIAM.

         Denied. 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.

         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

         DIVISION " E "

         STATE OF LOUISIANA

         VERSUS

         QUOC-KHOIPHAM

         NO. 10-895

         ORDER

         This 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.

         On 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.

         Petitioner, 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 ...

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