2019-KH-01601 Precedential Processed

Clerk of Court For the Court State Of Louisiana v. Eric Dale Mickelson

Louisiana Supreme Court · Filed July 31, 2020

Opinion text

The Supreme Court of the State of Louisiana
Clerk of Court
For the Court
STATE OF LOUISIANA
VS
ERIC DALE MICKELSON
No.2019-KH-01601
_ _ _ _ _ _
IN RE: Eric Dale Mickelson - Applicant Defendant; Applying For Supervisory Writ,
Parish of Caddo, 1st Judicial District Court Number(s) 262,256, Court of Appeal,
Second Circuit, Number(s) 53,081-KH;
_ _ _ _ _ _
J
uly 31, 2020
Writ application denied. See per curiam.
WJC
BJJ
JLW
JDH
JTG
JHB
Crichton, J., recused.
Supreme Court of Louisiana
July 31, 2020
07/31/2020 "See News Release 028 for any Concurrences and/or Dissents."

07/31/20
S
UPREME COURT OF LOUISIANA
No
. 19-KH-1601
S
TATE OF LOUISIANA
v.
ER
IC DALE MICKELSON
O
N SUPERVISORY WRITS TO THE FIRST
JUDICIAL DISTRICT COURT, PARISH OF CADDO
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 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 second or successive a pplication
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.