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Gonzalez v. Vannoy

Supreme Court of Louisiana.
Apr 27, 2021
314 So. 3d 829 (La. 2021)

Opinion

No. 2021-KH-00266

04-27-2021

Rogelio GONZALEZ v. Darrel VANNOY, Warden


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 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

Gonzalez v. Vannoy

Supreme Court of Louisiana.
Apr 27, 2021
314 So. 3d 829 (La. 2021)
Case details for

Gonzalez v. Vannoy

Case Details

Full title:Rogelio GONZALEZ v. Darrel VANNOY, Warden

Court:Supreme Court of Louisiana.

Date published: Apr 27, 2021

Citations

314 So. 3d 829 (La. 2021)

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