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State v. Flemings

Supreme Court of Louisiana
Nov 3, 2021
No. 2020-KP-00446 (La. Nov. 3, 2021)

Opinion

2020-KP-00446

11-03-2021

STATE OF LOUISIANA v. DON FLEMINGS


IN RE: Don Flemings - Applicant Defendant; Applying For Supervisory Writ, Parish of Orleans Criminal, Orleans Criminal District Court Number(s) 501-934, Court of Appeal, Fourth Circuit, Number(s) 2020-K-0117;

Writ application denied. See per curiam.

JLW

JDH

SJC

JTG

WJC

JBM

Griffin, J., would grant.

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

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.


Summaries of

State v. Flemings

Supreme Court of Louisiana
Nov 3, 2021
No. 2020-KP-00446 (La. Nov. 3, 2021)
Case details for

State v. Flemings

Case Details

Full title:STATE OF LOUISIANA v. DON FLEMINGS

Court:Supreme Court of Louisiana

Date published: Nov 3, 2021

Citations

No. 2020-KP-00446 (La. Nov. 3, 2021)