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State ex rel. Holmes v. State

Supreme Court of Louisiana.
Jan 25, 2015
184 So. 3d 1 (La. 2015)

Opinion

No. 2015–KH–0743.

01-25-2015

STATE ex rel. Charlie HOLMES v. STATE of Louisiana.


Opinion

PER CURIAM.

[ 1] 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). As to the remaining claims, he fails to satisfy his post-conviction burden of proof. La.C.Cr.P. art. 930.2.

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 ex rel. Holmes v. State

Supreme Court of Louisiana.
Jan 25, 2015
184 So. 3d 1 (La. 2015)
Case details for

State ex rel. Holmes v. State

Case Details

Full title:STATE ex rel. Charlie HOLMES v. STATE of Louisiana.

Court:Supreme Court of Louisiana.

Date published: Jan 25, 2015

Citations

184 So. 3d 1 (La. 2015)

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State Rec., Vol III of III, 4th Cir. Order, Mar. 26, 2015. See State ex rel. Holmes v. State, 184 So.3d 1…