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State ex rel. Rumley v. State

SUPREME COURT OF LOUISIANA
Dec 17, 2018
259 So. 3d 335 (La. 2018)

Opinion

No. 2017-KH-1959

12-17-2018

STATE EX REL. Jermaine RUMLEY v. STATE of Louisiana


ON SUPERVISORY WRITS TO THE CRIMINAL DISTRICT COURT, PARISH OF ORLEANS

PER CURIAM:

Denied. Relator 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 claim, relator fails to satisfy his post-conviction burden of proof. La.C.Cr.P. art. 930.2.

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. Rumley v. State

SUPREME COURT OF LOUISIANA
Dec 17, 2018
259 So. 3d 335 (La. 2018)
Case details for

State ex rel. Rumley v. State

Case Details

Full title:STATE EX REL. JERMAINE RUMLEY v. STATE OF LOUISIANA

Court:SUPREME COURT OF LOUISIANA

Date published: Dec 17, 2018

Citations

259 So. 3d 335 (La. 2018)