Opinion
No. 2024-KP-00285
09-04-2024
STATE of Louisiana v. Kyron THEOPHILE
Applying For Writ Of Certiorari, Parish of Orleans Criminal, Criminal District Court Number(s) 528-690, Court of Appeal, Fourth Circuit, Number(s) 2024-K-0019.
PER CURIAM:
1Granted. The court of appeal’s ruling of February 20, 2024, is vacated, and the sentence affirmed by State v. Theophile, 19-0467 (La. App. 4 Cir. 12/11/19), 287 So.3d 53, writ denied, 20-0075 (La. 11/10/20), 303 So.3d 1047, is reinstated. Applicant fails to show 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 2application 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.