2020-KH-00013 Precedential Writ application denied. Processed

Clerk of Court For the Court State Of Louisiana v. Donald Thompson

Louisiana Supreme Court · Filed September 8, 2020

Opinion text

The Supreme Court of the State of Louisiana
Clerk of Court
For the Court
STATE OF LOUISIANA
VS.
DONALD THOMPSON
No.2020-KH-00013
_ _ _ _ _ _
IN RE: Donald Thompson - Applicant Defendant; Applying For Supervisory Writ,
Parish of East Feliciana, 20th Judicial District Court Number(s) 13-CR-236, Court
of Appeal, First Circuit, Number(s) 2019 KW 1340;
_ _ _ _ _ _
September 08, 2020
Writ application denied. See per curiam.
JTG
BJJ
JLW
JDH
SJC
JHB
Crain, J., recused.
S
upreme Court of Louisiana
September 08, 2020
09/08/2020 "See News Release 031 for any Concurrences and/or Dissents."

09/08/20
S
UPREME COURT OF LOUISIANA
No
. 20-KH-0013
S
TATE OF LOUISIANA
v.
D
ONALD THOMPSON
O
N SUPERVISORY WRITS TO THE TWENTIETH
JUDICIAL DISTRICT COURT, PARISH OF EAST FELICIANA
PE
R CURIAM:
De
nied. App licant 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 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.