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State v. Jefferson

Supreme Court of Louisiana.
Sep 29, 2020
301 So. 3d 1160 (La. 2020)

Opinion

No. 2020-KH-00211

09-29-2020

STATE of Louisiana v. Gary JEFFERSON


Writ application denied. See per curiam.

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

PER CURIAM

Denied. Applicant shows no lower court error.

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.

Hughes, J., would grant for an evidentiary hearing.

Crain, J., concurs and assigns reasons.

CRAIN, J., concurring.

Defendant pled guilty to the subject offense. An unqualified plea of guilty waives all non-jurisdictional defects and precludes their review by appeal or postconviction relief. State v. Crosby , 338 So. 2d 584, 588 (La. 1976). Except for allegations directed at the knowing, voluntary, and intelligent nature of the plea, all other objections are waived and not reviewable. These threshold questions should be addressed at the outset by trial courts when considering a petition for postconviction relief filed by a party who pled guilty. Here, defendant's allegations of ineffective assistance of counsel do not concern the validity of his plea and raise no jurisdictional defects in the proceeding. For those reasons, the petition is not subject to further judicial review and was properly denied.


Summaries of

State v. Jefferson

Supreme Court of Louisiana.
Sep 29, 2020
301 So. 3d 1160 (La. 2020)
Case details for

State v. Jefferson

Case Details

Full title:STATE of Louisiana v. Gary JEFFERSON

Court:Supreme Court of Louisiana.

Date published: Sep 29, 2020

Citations

301 So. 3d 1160 (La. 2020)

Citing Cases

Jefferson v. Goodwin

Id., 4th Cir. Order, 2019-K-0999, 1/2/20. State v. Jefferson, 301 So.3d 1160 (La. 2020); St. Rec. Vol. 6 of…