Opinion
No. 20-KH-0846
11-04-2020
MICHAEL COMERY v. DARREL VANNOY, WARDEN
STATE OF LOUISIANA
VS.
MICHAEL COMERY
IN RE: Michael Comery - Applicant Defendant; Applying For Supervisory Writ, Parish of Ascension, 23rd Judicial District Court Number(s) 27624, First Circuit Court of Appeal, Number(s) 2020 KW 0284; Writ application denied. See per curiam.
WJC
JLW
JDH
SJC
JTG
JHB
Supreme Court of Louisiana
November 04, 2020 /s/_________
Clerk of Court
For the Court ON SUPERVISORY WRITS TO THE TWENTY-THIRD JUDICIAL DISTRICT COURT, PARISH OF ASCENSION 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). Applicant's remaining claim is repetitive. La.C.Cr.P. art. 930.4.
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.