Clerk of Court For the Court State Of Lousiana v. Joseph Miller, Jr.

The Supreme Court of the State of Louisiana
Clerk of Court
For the Court
STATE OF LOUSIANA
VS.
JOSEPH MILLER, JR.
No.2019-KH-01579
_ _ _ _ _ _
IN RE: Jospeh Miller, Jr. - Applicant Defendant; Applying For Supervisory Writ,
Parish of Richland, Criminal District Court Number(s) F -2104-265, Court of
Appeal, Second Circuit, Number(s) 53,123-KH;
_ _ _ _ _ _
August 14, 2020
Writ application denied. See per curiam.
WJC
BJJ
JLW
JDH
SJC
JTG
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-1579
S
TATE OF LOUISIANA
v.
J
OSEPH MILLER, JR.
O
N SUPERVISORY WRITS TO THE FIFTH
JUDICIAL DISTRICT COURT, PARISH OF RICHLAND
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).
Applicant has now fully litigated his application for post-co nviction 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 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.