State Of Louisiana v. Kenneth W. Shelton

Supreme Court of Louisiana
July 24, 2020
Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE OF LOUISIANA
VS.
KENNETH W. SHELTON
No.2019-KH-01716
_ _
_ _ _ _
I
N RE: Kenneth W. Shelton - Applicant Defendant; Applying For Supervisory Writ,
Parish of Winn, 8th Judicial District Court Number(s) 16-CR -43788, Court of
Appeal, Second Circuit, Number(s) 53,287-KH;
_ _ _ _ _ _
July 24, 2020
Writ application denied. See per curiam.
SJC
JLW
JDH
JTG
WJC
JHB
07/24/2020 "See News Release 027 for any Concurrences and/or Dissents."

07/24/20
S
UPREME COURT OF LOUISIANA
No
. 19-KH-1716
S
TATE OF LOUISIANA
v.
KEN
NETH W. SHELTON
O
N SUPERVISORY WRITS TO THE EIGHTH
JUDICIAL DISTRICT COURT, PARISH OF WINN
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-convi ction 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.