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State v. Guillory

SUPREME COURT OF LOUISIANA
Apr 7, 2021
No. 21-KH-0181 (La. Apr. 7, 2021)

Opinion

No. 21-KH-0181

04-07-2021

STATE OF LOUISIANA v. BENJAMIN GUILLORY


IN RE: Benjamin Guillory - Applicant Defendant; Applying For Supervisory Writ, Parish of St. Landry, 27th Judicial District Court Number(s) 15-K-2742, Court of Appeal, Third Circuit, Number(s) KH 19-00713; Writ application denied. See per curiam.

JLW

JDH

SJC

JTG

WJC

JBM

PDG

Supreme Court of Louisiana
April 07, 2021 /s/_________

Chief Deputy Clerk of Court

For the Court ON SUPERVISORY WRITS TO THE TWENTY-SEVENTH JUDICIAL DISTRICT COURT, PARISH OF ST. LANDRY 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's remaining claims are repetitive. La.C.Cr.P. art. 930.4.

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. Guillory

SUPREME COURT OF LOUISIANA
Apr 7, 2021
No. 21-KH-0181 (La. Apr. 7, 2021)
Case details for

State v. Guillory

Case Details

Full title:STATE OF LOUISIANA v. BENJAMIN GUILLORY

Court:SUPREME COURT OF LOUISIANA

Date published: Apr 7, 2021

Citations

No. 21-KH-0181 (La. Apr. 7, 2021)