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State v. Gant

SUPREME COURT OF LOUISIANA
Jan 13, 2017
206 So. 3d 871 (La. 2017)

Opinion

No. 16–KP–0507

01-13-2017

STATE of Louisiana v. Aaron GANT


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). Relator also fails to show the District Court erred when it rejected his claims premised on an alternate version of events, which he inexcusably omitted from the proceedings leading to conviction. La.C.Cr.P. art. 930.4(B).

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 v. Gant

SUPREME COURT OF LOUISIANA
Jan 13, 2017
206 So. 3d 871 (La. 2017)
Case details for

State v. Gant

Case Details

Full title:STATE OF LOUISIANA v. AARON GANT

Court:SUPREME COURT OF LOUISIANA

Date published: Jan 13, 2017

Citations

206 So. 3d 871 (La. 2017)

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