From Casetext: Smarter Legal Research

State ex rel. Martin v. State

Supreme Court of Louisiana.
Jan 15, 2016
182 So. 3d 958 (La. 2016)

Opinion

No. 2015–KH–0554.

01-15-2016

STATE ex rel. Michael Martin v. STATE of Louisiana.


Opinion

PER CURIAM.

Denied. Relator fails to show 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). The interests of justice do not require consideration of relator's remaining claim, which was rejected on direct review. La.C.Cr.P. art. 930.4(A).

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.


Summaries of

State ex rel. Martin v. State

Supreme Court of Louisiana.
Jan 15, 2016
182 So. 3d 958 (La. 2016)
Case details for

State ex rel. Martin v. State

Case Details

Full title:STATE ex rel. Michael Martin v. STATE of Louisiana.

Court:Supreme Court of Louisiana.

Date published: Jan 15, 2016

Citations

182 So. 3d 958 (La. 2016)

Citing Cases

Martin v. McCain

La. S. Ct. Writ Application, 15-KH-554; St. Rec. Vol. 1, p. 256; Vol 6, p. 894. State v. Martin, 15-554 (La.…