2020-KH-00024 Precedential Writ application denied. Processed

Clerk of Court For the Court State Of Louisiana v. Ricky D. Brown

Louisiana Supreme Court · Filed September 23, 2020

Opinion text

The Supreme Court of the State of Louisiana
Clerk of Court
For the Court
STATE OF LOUISIANA
VS.
RICKY D. BROWN
No.2020-KH-00024
_ _ _ _ _ _
IN RE: Ricky D. Brown - Applicant Defendant; Applying For Supervisory Writ,
Parish of Terrebonne, 32nd Judicial District Court Number(s) 587,251, Court of
Appeal, First Circuit, Number(s) 2019 KW 0829;
_ _ _ _ _ _
September 23, 2020
Writ application denied. See per curiam.
SJC
JDH
JTG
WJC
JHB
Weimer, J., recused.
Supreme Court of Louisiana
September 23, 2020
09/23/2020 "See News Release 034 for any Concurrences and/or Dissents."

09/23/20
S
UPREME COURT OF LOUISIANA
N
o. 20-KH-0024
S
TATE OF LOUISIANA
v.
RI
CKY D. BROWN
ON
SUPERVISORY WRITS TO THE THIRTY-SECOND
JUDICIAL DISTRICT COURT, PARISH OF TERREBONNE
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, he fails to meet his post-
conviction burden of proof and/or the claims are repetitive. La.C.Cr.P. arts. 930.2,
930.4.
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.