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Evans v. Kent

Supreme Court of Louisiana
Apr 12, 2022
No. 2021-KH-00320 (La. Apr. 12, 2022)

Opinion

2021-KH-00320

04-12-2022

ROGER EVANS v. JASON KENT, WARDEN


Roger Evans - Applicant Plaintiff; Applying For Supervisory Writ, Parish of Jefferson, 24th Judicial District Court Number(s) 13-5032, Court of Appeal, Fifth Circuit, Number(s) 20-KH-310;

Writ application denied. See per curiam.

PDG

JLW

JDH

SJC

JTG

WJC

JBM

ON SUPERVISORY WRITS TO THE TWENTY-FOURTH 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).

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

Evans v. Kent

Supreme Court of Louisiana
Apr 12, 2022
No. 2021-KH-00320 (La. Apr. 12, 2022)
Case details for

Evans v. Kent

Case Details

Full title:ROGER EVANS v. JASON KENT, WARDEN

Court:Supreme Court of Louisiana

Date published: Apr 12, 2022

Citations

No. 2021-KH-00320 (La. Apr. 12, 2022)