Opinion
No. 20-KH-0623
10-14-2020
STATE OF LOUISIANA v. ALJERWON PAULA MORAN
IN RE: Aljerwon Paula Moran - Applicant Defendant; Applying For Supervisory Writ, Parish of Ouachita, 4th Judicial District Court Number(s) 11-F-0405, Court of Appeal, Third Circuit, Number(s) 53,488-KH; Writ application denied. See per curiam.
JTG
SJC
WJC
JHB
Johnson, C.J., would grant and docket and assigns reasons.
Weimer, J., would grant to address the retroactivity of Ramos v. Louisiana, 140 S.Ct. 1390, 206 L.Ed. 2d 583 (2020).
Hughes, J., would grant in part and assigns reasons. Supreme Court of Louisiana
October 14, 2020 /s/_________
Clerk of Court
For the Court ON SUPERVISORY WRITS TO THE FOURTH JUDICIAL DISTRICT COURT, PARISH OF OUACHITA 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). 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.