State Of Louisiana v. Joseph Mckinney

Supreme Court of Louisiana
May 26, 2020
Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE OF LOUISIANA
VS.
JOSEPH MCKINNEY
No.2019-KP-01569
_ _
_ _ _ _
I
N RE: Joseph McKinney - Applicant Defendant; Applying For Supervisory Writ,
Parish of Ascension, 23rd Judicial District Court Number(s) 32975, Court of Appeal,
First Circuit, Number(s) 2019 KW 0931;
_ _ _ _ _ _
May 26, 2020
Writ application denied. See per curiam.
JTG
BJJ
JLW
JDH
SJC
WJC
JHB
05/26/2020 "See News Release 018 for any Concurrences and/or Dissents."

05/26/20
S
UPREME COURT OF LOUISIANA
No
. 19-KP-1569
S
TATE OF LOUISIANA
v.
J
OSEPH McKINNEY
O
N SUPERVISORY WRITS TO THE TWENTY-THIRD
JUDICIAL DISTRICT COURT, PARISH OF ASCENSION
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).
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.