2019-KH-01236 Precedential Writ application denied. Processed

State Of Louisiana v. Willie Mims

Louisiana Supreme Court · Filed July 17, 2020

Opinion text

Supreme Court of Louisiana
July 17, 2020
Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE OF LOUISIANA
VS.
WILLIE MIMS
No.2019-KH-01236
_ _
_ _ _ _
I
N RE: Willie Mims - Applicant Defendant; Applying For Supervisory Writ, Parish
of Webster, 26th Judicial District Court Number(s) 88,839, Court of Appeal, Second
Circuit, Number(s) 53,018-KH;
_ _ _ _ _ _
July 17, 2020
Writ application denied. See per curiam.
Hughes, J., would grant.
SJC
JLW
JTG
WJC
JHB
07/17/2020 "See News Release 026 for any Concurrences and/or Dissents."

07/17/20
S
UPREME COURT OF LOUISIANA
No
. 19-KH-1236
S
TATE OF LOUISIANA
v.
WI
LLIE MIMS
O
N SUPERVISORY WRITS TO THE TWENTY-SIXTH
JUDICIAL DISTRICT COURT, PARISH OF WEBSTER
PE
R CURIAM:
D
enied. Applicant fails to show that 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). In addition, a portion of the application is repetitive.
La.C.Cr.P. art. 930.4. 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 the filing of a 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 t he narrow exceptions authorizing the 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.