Clerk of Court For the Court State Of Louisiana v. Michael Hebert

The Supreme Court of the State of Louisiana
Clerk of Court
For the Court
STATE OF LOUISIANA
VS.
MICHAEL HEBERT
No.2019-KH-01379
_ _ _ _ _ _
IN RE: Michael Hebert - Applicant Defendant; Applying For Supervisory Writ,
Parish of East Baton Rouge, 19th Judicial District Court Number(s) 09 -13-0383,
Court of Appeal, First Circuit, Number(s) 2019 KW 0337;
_ _ _ _ _ _
August 14, 2020
Writ application denied. See per curiam.
JLW
BJJ
JDH
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-1379
S
TATE OF LOUISIANA
v.
M
ICHAEL HEBERT
O
N SUPERVISORY WRITS TO THE NINETEENTH
JUDICIAL DISTRICT COURT, PARISH OF EAST BATON ROUGE
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). As to the 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 the narrow exceptions authorizing the filing of a successive applicatio n
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.