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Richardson v. State

Supreme Court of Louisiana.
Oct 12, 2021
325 So. 3d 1052 (La. 2021)

Opinion

No. 2021-KH-00650

10-12-2021

Eric RICHARDSON v. STATE of Louisiana


Writ application denied. See per curiam.

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). The application is also 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.


Summaries of

Richardson v. State

Supreme Court of Louisiana.
Oct 12, 2021
325 So. 3d 1052 (La. 2021)
Case details for

Richardson v. State

Case Details

Full title:Eric RICHARDSON v. STATE of Louisiana

Court:Supreme Court of Louisiana.

Date published: Oct 12, 2021

Citations

325 So. 3d 1052 (La. 2021)

Citing Cases

Richardson v. Day

State Rec., Vol. 6 of 8, La. 5th Cir. Order, 21-KH-183, of May 19, 2021. Richardson v State, 325 So.3d 1052…