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State v. Andrews

Supreme Court of Louisiana.
Oct 27, 2017
228 So. 3d 201 (La. 2017)

Opinion

No. 2016–KP–0876

10-27-2017

STATE of Louisiana v. Charles ANDREWS


ON WRIT OF CERTIORARI TO THE COURT OF APPEAL, FOURTH CIRCUIT, PARISH OF ORLEANS

PER CURIAM:

Denied. Relator 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).

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 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. 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 v. Andrews

Supreme Court of Louisiana.
Oct 27, 2017
228 So. 3d 201 (La. 2017)
Case details for

State v. Andrews

Case Details

Full title:STATE of Louisiana v. Charles ANDREWS

Court:Supreme Court of Louisiana.

Date published: Oct 27, 2017

Citations

228 So. 3d 201 (La. 2017)

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