Clerk of Court For the Court State Of Louisiana v. Demarius Montreal Rucks

The Supreme Court of the State of Louisiana
Clerk of Court
For the Court
STATE OF LOUISIANA
VS.
DEMARIUS MONTREAL RUCKS
No.2019-KH-00076
_ _ _ _ _ _
IN RE: Demarius Montreal Rucks - Applicant Defendant; Applying For Supervisory
Writ, Parish of Ouachita, 4th Judicial District Court Number(s) 16-F-1448, Court of
Appeal, Second Circuit, Number(s) 52,523-KH;
_ _ _ _ _ _
August 14, 2020
Writ application denied. See per curiam.
JDH
BJJ
JLW
SJC
JTG
WJC
JHB
Supreme Court of Louisiana
August 14, 2020
08/14/2020 "See News Release 029 for any Concurrences and/or Dissents."

08/14/20
S
UPREME COURT OF LOUISIANA
No
. 19-KH-0076
S
TATE OF LOUISIANA
v.
DE
MARIUS MONTREAL RUCKS
O
N SUPERVISORY WRITS TO THE FOURTH
JUDICIAL DISTRICT COURT, PARISH OF OUACHITA
PE
R CURIAM:
D
enied. 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). As to his remaining claims,
applicant fails to satisfy his post-conviction burden of proof. La.C.Cr.P. art. 930.2.
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 t he 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 t he 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.