Opinion
No. 21-KH-0252
04-27-2021
STATE OF LOUISIANA v. ASHLEY HEARD
IN RE: Ashley Heard - Applicant Defendant; Applying For Supervisory Writ, Parish of East Baton Rouge, 19th Judicial District Court Number(s) 09-13-0387, 1st Circuit Court of Appeal, Number(s) 2020 KW 0839; Writ application denied. See per curiam.
SJC
JLW
JTG
WJC
JBM
Hughes, J., would grant.
Griffin, J., would grant. Supreme Court of Louisiana
April 27, 2021 /s/_________
Chief Deputy Clerk of Court
For the Court ON SUPERVISORY WRITS TO THE NINETEENTH JUDICIAL DISTRICT COURT, PARISH OF EAST BATON ROUGE PER CURIAM:
Denied. Applicant fails to show that she 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 claims, applicant fails to satisfy her post-conviction burden of proof. La.C.Cr.P. art. 930.2.
Applicant has now fully litigated her 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 she can show that one of the narrow exceptions authorizing the filing of a successive application applies, applicant has exhausted her right to state collateral review. The district court is ordered to record a minute entry consistent with this per curiam.