Clerk of Court For the Court State Of Louisiana v. Hector Perez
Clerk of Court For the Court State Of Louisiana v. Hector Perez, No. 2019-KH-01958 (La. Aug. 14, 2020).
Opinion text
The Supreme Court of the State of Louisiana
Clerk of Court
For the Court
STATE OF LOUISIANA
VS.
HECTOR PEREZ
No.2019-KH-01958
_ _ _ _ _ _
IN RE: Hector Perez - Applicant Defendant; Applying For Supervisory Writ, Parish
of St. Tammany, 22nd Judicial District Court Number(s) 472557, Court of Appeal,
First Circuit, Number(s) 2019 KW 0946;
_ _ _ _ _ _
August 14, 2020
Writ application denied. See per curiam.
WJC
BJJ
JLW
SJC
JTG
JHB
Hughes, J., would grant.
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-1958
S
TATE OF LOUISIANA
v.
HEC
TOR PEREZ
O
N SUPERVISORY WRITS TO THE TWENTY-SECOND
JUDICIAL DISTRICT COURT, PARISH OF ST. TAMMANY
PE
R CURIAM:
De
nied. Appli cant 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).
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 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.