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State v. Lyons

SUPREME COURT OF LOUISIANA
Sep 23, 2016
No. 15-KP-2197 (La. Sep. 23, 2016)

Opinion

No. 15-KP-2197

09-23-2016

STATE OF LOUISIANA v. TRENT LYONS


ON SUPERVISORY WRITS TO THE FIFTH CIRCUIT COURT OF APPEAL, PARISH OF JEFFERSON :

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) and fails to show the state withheld evidence in violation of Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963). His remaining claims are repetitive and/or unsupported. La.C.Cr.P. art. 930.2; La.C.Cr.P. art. 930.4. We attach hereto and make a part hereof the District Court's written reasons denying relator's application.

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.

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Summaries of

State v. Lyons

SUPREME COURT OF LOUISIANA
Sep 23, 2016
No. 15-KP-2197 (La. Sep. 23, 2016)
Case details for

State v. Lyons

Case Details

Full title:STATE OF LOUISIANA v. TRENT LYONS

Court:SUPREME COURT OF LOUISIANA

Date published: Sep 23, 2016

Citations

No. 15-KP-2197 (La. Sep. 23, 2016)