Opinion
2021-KP-01141
12-21-2021
STATE OF LOUISIANA v. JARRETT JEAN MCCASLAND
Jarrett J. McCasland - Applicant Plaintiff; Applying For Supervisory Writ, Parish of East Baton Rouge, 19th Judicial District Court Number(s) 11-13-0359, Court of Appeal, First Circuit, Number(s) 2021 KW 0385;
Writ application denied. See per curiam.
JLW
SJC
JTG
WJC
JBM
Hughes, J., would grant to order an evidentiary hearing.
Griffin, J., would grant to order an evidentiary hearing.
ON SUPERVISORY WRITS TO THE NINETEENTH JUDICIAL DISTRICT COURT, PARISH OF EAST BATON ROUGE
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 fails to show that the state withheld material exculpatory evidence in violation of Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963). As to his remaining claims, he fails to meet his post-conviction burden of proof and/or the claims are repetitive. La.C.Cr.P. arts. 930.2, 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.