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State v. Gaudet

SUPREME COURT OF LOUISIANA
Mar 16, 2021
No. 20-KH-1303 (La. Mar. 16, 2021)

Opinion

No. 20-KH-1303

03-16-2021

STATE OF LOUISIANA v. QUINCY JOSEPH GAUDET


IN RE: Quincy J. Gaudet - Applicant Defendant; Applying For Supervisory Writ, Parish of Terrebonne, 32nd Judicial District Court Number(s) 15-FELY-700751, 1st Circuit Court of Appeal, Number(s) 2020-KW-0382; Writ application denied. See per curiam.

WJC

JDH

SJC

JTG

JBM

PDG

Weimer, C. J., recused. Supreme Court of Louisiana
March 16, 2021 /s/_________

Chief Deputy Clerk of Court

For the Court ON SUPERVISORY WRITS TO THE THIRTY-SECOND JUDICIAL DISTRICT COURT, PARISH OF TERREBONNE 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. Gaudet

SUPREME COURT OF LOUISIANA
Mar 16, 2021
No. 20-KH-1303 (La. Mar. 16, 2021)
Case details for

State v. Gaudet

Case Details

Full title:STATE OF LOUISIANA v. QUINCY JOSEPH GAUDET

Court:SUPREME COURT OF LOUISIANA

Date published: Mar 16, 2021

Citations

No. 20-KH-1303 (La. Mar. 16, 2021)