State Of Louisiana v. Akando Ducksworth
State Of Louisiana v. Akando Ducksworth, No. 2019-KH-01526 (La. 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.
AKANDO DUCKSWORTH
No.2019-KH-01526
_ _
_ _ _ _
I
N RE: Akando Ducksworth - Applicant Defendant; Applying For Supervisory Writ,
Parish of Jefferson, 24th Judicial District Court Number(s) 15- 6406, Court of
Appeal, Fifth Circuit, Number(s) 19-KH-361;
_ _ _ _ _ _
July 17, 2020
Writ application denied. See per curiam.
JLW
JDH
SJC
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-1526
S
TATE OF LOUISIANA
v.
AK
ANDO DUCKSWORTH
O
N SUPERVISORY WRITS TO THE TWENTY-FOURTH
JUDICIAL DISTRICT COURT, PARISH OF JEFFERSON
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). The application is also repetitive. La.C.Cr.P. art.
930.4.
Applicant has now fully litigated two applications 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. 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 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.