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State ex rel. Hicks v. State

SUPREME COURT OF LOUISIANA
Nov 5, 2019
281 So. 3d 660 (La. 2019)

Opinion

No. 2019-KH-0586

11-05-2019

STATE EX REL. Kenneth HICKS v. STATE of Louisiana


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.

Hughes, J., would grant the writ for an evidentiary hearing.


Summaries of

State ex rel. Hicks v. State

SUPREME COURT OF LOUISIANA
Nov 5, 2019
281 So. 3d 660 (La. 2019)
Case details for

State ex rel. Hicks v. State

Case Details

Full title:STATE EX REL. KENNETH HICKS v. STATE OF LOUISIANA

Court:SUPREME COURT OF LOUISIANA

Date published: Nov 5, 2019

Citations

281 So. 3d 660 (La. 2019)