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State v. Lewis

Supreme Court of Louisiana
May 10, 2022
No. 2022-KH-00482 (La. May. 10, 2022)

Opinion

2022-KH-00482

05-10-2022

STATE OF LOUISIANA v. DAVEDE L. LEWIS


Davede Lewis - Applicant Defendant; Applying For Supervisory Writ, Parish of St. Tammany, 22nd Judicial District Court Number(s) 604, 332, Court of Appeal, First Circuit, Number(s) 2021 KW 1629;

Writ application denied. See per curiam.

JTG

JLW

JDH

SJC

WJC

JBM

PDG

PER CURIAM

Denied. Applicant fails to show that he was denied the effective assistance of counsel during plea negotiations under the standard of Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). As to his remaining claims, applicant fails to satisfy his post-conviction burden of proof. La.C.Cr.P. art. 930.2.

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. Lewis

Supreme Court of Louisiana
May 10, 2022
No. 2022-KH-00482 (La. May. 10, 2022)
Case details for

State v. Lewis

Case Details

Full title:STATE OF LOUISIANA v. DAVEDE L. LEWIS

Court:Supreme Court of Louisiana

Date published: May 10, 2022

Citations

No. 2022-KH-00482 (La. May. 10, 2022)