Opinion
No. 20-KH-0669
01-20-2021
CODY BROWN v. DARREL VANNOY, WARDEN
CODY BROWN
VS.
DARREL VANNOY, WARDEN LOUISIANA STATE PENITENTIARY
IN RE: Cody Brown - Applicant Plaintiff; Applying For Supervisory Writ, Parish of Jefferson, 24th Judicial District Court Number(s) 15-617, Court of Appeal, Fifth Circuit, Number(s) 20-KH-123; Writ application denied. See per curiam.
JBM
JLW
SJC
JTG
WJC
PDG
Hughes, J., would grant. Supreme Court of Louisiana
January 20, 2021 /s/_________
Clerk of Court
For the Court
ON SUPERVISORY WRITS TO THE TWENTY-FOURTH JUDICIAL DISTRICT COURT, PARISH OF JEFFERSON
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's remaining claim is repetitive. La.C.Cr.P. art. 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.