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State ex rel. Adams v. State

SUPREME COURT OF LOUISIANA
Apr 20, 2018
240 So. 3d 917 (La. 2018)

Opinion

No. 2017–KH–0229

04-20-2018

STATE EX REL. Marcellus ADAMS v. STATE of Louisiana


ON SUPERVISORY WRITS TO THE FIRST JUDICIAL DISTRICT COURT, PARISH OF CADDO

PER CURIAM:

Denied. Relator fails to show 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, relator fails to satisfy his post-conviction burden of proof. La.C.Cr.P. art. 930.2.

Relator 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 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. Relator'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, relator 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

State ex rel. Adams v. State

SUPREME COURT OF LOUISIANA
Apr 20, 2018
240 So. 3d 917 (La. 2018)
Case details for

State ex rel. Adams v. State

Case Details

Full title:STATE EX REL. MARCELLUS ADAMS v. STATE OF LOUISIANA

Court:SUPREME COURT OF LOUISIANA

Date published: Apr 20, 2018

Citations

240 So. 3d 917 (La. 2018)

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