State Of Louisiana v. Ted Dwayne Stevens, Jr.

Supreme Court of Louisiana
November 24, 2020
Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE OF LOUISIANA
VS.
TED DWAYNE STEVENS, JR.
No.2019-KP-01906
_ _ _ _
_ _
IN R
E: Ted Dwayne Stevens, Jr. - Applicant Defendant; Applying For Supervisory
Writ, Parish of Lafayette, 15th Judicial District Court Number(s) CR-132400, Court
of Appeal, Third Circuit, Number(s) KW 18-00406;
_ _ _ _ _ _
November 24, 2020
Writ application denied. See per curiam.
Johnson, C.J., would grant and assigns reasons.
Weimer, J., would grant and docket.
Hughes, J., would grant.
SJC
JTG
JBM
WJC
11/24/2020 “See News Release 046 for any Concurrences and/or Dissents.”

11/24/20
S
UPREME COURT OF LOUISIANA
No
. 19-KP-1906
S
TATE OF LOUISIANA
v.
T
ED DWAYNE STEVENS, JR.
O
N SUPERVISORY WRITS TO THE FIFTEENTH
JUDICIAL DISTRICT COURT, PARISH OF LAFAYETTE
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 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.