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Cassard v. Goodwin

Supreme Court of Louisiana
Oct 12, 2021
No. 2021-KP-01024 (La. Oct. 12, 2021)

Opinion

2021-KP-01024

10-12-2021

SCOTT CASSARD v. JERRY GOODWIN, WARDEN


Scott Cassard - Applicant Plaintiff; Applying For Supervisory Writ, Parish of Jefferson, 24th Judicial District Court Number(s) 17-1497, Court of Appeal, Fifth Circuit, Number(s) 21-KH-241;

Writ application denied. See per curiam.

JBM

JLW

JDH

SJC

JTG

WJC

PDG

On Supervisory Writ to the 24th Judicial District Court, Parish of Jefferson

PER CURIAM

Denied. Applicant 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), or that he entered his guilty plea involuntarily.

Applicant 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. Applicant'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, applicant has exhausted his right to state collateral review. The district court is ordered to record a minute entry consistent with this per curiam.


Summaries of

Cassard v. Goodwin

Supreme Court of Louisiana
Oct 12, 2021
No. 2021-KP-01024 (La. Oct. 12, 2021)
Case details for

Cassard v. Goodwin

Case Details

Full title:SCOTT CASSARD v. JERRY GOODWIN, WARDEN

Court:Supreme Court of Louisiana

Date published: Oct 12, 2021

Citations

No. 2021-KP-01024 (La. Oct. 12, 2021)