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State v. Bethely

SUPREME COURT OF LOUISIANA
Nov 12, 2019
282 So. 3d 220 (La. 2019)

Opinion

No. 2019-KH-0560

11-12-2019

STATE of Louisiana v. Richard BETHELY


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 the remaining claim, 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 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 v. Bethely

SUPREME COURT OF LOUISIANA
Nov 12, 2019
282 So. 3d 220 (La. 2019)
Case details for

State v. Bethely

Case Details

Full title:STATE OF LOUISIANA v. RICHARD BETHELY

Court:SUPREME COURT OF LOUISIANA

Date published: Nov 12, 2019

Citations

282 So. 3d 220 (La. 2019)

Citing Cases

Bethely v. Vannoy

Relief was denied by the Louisiana Supreme Court on November 12, 2019. See State v. Bethely, 19-0560 (La. …