Opinion
2023-KP-00086
10-31-2023
STATE OF LOUISIANA v. RONNIE DOMINIQUE
Ronnie Dominique - Applicant Defendant; Applying For Supervisory Writ, Parish of Lafourche, 17th Judicial District Court Number(s) 577982, Court of Appeal, First Circuit, Number(s) 2022 KW 1075;
Writ application denied. See per curiam.
JLW
SJC
JTG
WJC
JBM
Hughes, J., would grant.
Griffin, J., would grant.
ON SUPERVISORY WRITS TO THE SEVENTEENTH JUDICIAL DISTRICT COURT, PARISH OF LAFOURCHE
PER CURIAM
Denied. Applicant fails to show that he was denied the effective assistance of counsel during plea negotiations 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.