Opinion
NO. 2014 KW 1118
10-03-2014
STATE OF LOUISIANA v. ROBERT SHELTON TOOMER
In Re: Robert Shelton Toomer, applying for supervisory writs 22nd Judicial District Court, Parish of Washington No. 02-CR9-085062.
BEFORE: WHIPPLE, C.J., McCLENDON AND HIGGINBOTHAM, JJ.
WRIT DENIED. The holdings in Trevino v. Thaler, ___ U.S. ___, 133 S.Ct. 1911, 185 L.Ed.2d 1044 (2013), and Martinez v. Ryan, 566 U.S. ___, 132 S.Ct. 1309, 182 L.Ed.2d 272 (2012), do not apply to relator's postconviction claim of ineffective assistance of counsel made in state court. Accordingly, the trial court did not err in dismissing relator's application for postconviction relief as repetitive and untimely. See La. Code Crim. P. arts. 930.4(D) & 930.8. See also State v. Deloch, 2013-1975 (La. 5/16/14), 140 So.3d 1167.
TMH
VGW
PMc
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT