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State ex rel. Mollette v. Vannoy

Supreme Court of Louisiana.
Jun 1, 2021
316 So. 3d 827 (La. 2021)

Opinion

No. 2021-KH-00454

06-01-2021

STATE of Louisiana EX REL. Tommie C. MOLLETTE v. Darrel VANNOY, Warden


Writ application denied. See per curiam.

Hughes, J., would grant in part.

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). As to his remaining claims, applicant fails to satisfy his post-conviction burden of proof. La.C.Cr.P. art. 930.2.

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

State ex rel. Mollette v. Vannoy

Supreme Court of Louisiana.
Jun 1, 2021
316 So. 3d 827 (La. 2021)
Case details for

State ex rel. Mollette v. Vannoy

Case Details

Full title:STATE of Louisiana EX REL. Tommie C. MOLLETTE v. Darrel VANNOY, Warden

Court:Supreme Court of Louisiana.

Date published: Jun 1, 2021

Citations

316 So. 3d 827 (La. 2021)

Citing Cases

Molette v. Vannoy

State Rec. Vol. 12 of 17, La. App. 5th Cir Order, 20-KH-466, 2/17/21. State ex rel. Mollette v. Vannoy, 316…