State Of Louisiana v. James C. Lewis, Jr.

Supreme Court of Louisiana
December 08, 2020
Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE OF LOUISIANA
VS.
JAMES C. LEWIS, JR.
No.2020-KH-00045
_ _ _ _
_ _
IN R
E: James C. Lewis - Applicant Defendant; Applying For Supervisory Writ,
Parish of Lincoln, 3rd Judicial District Court Number(s) 58,342, Court of Appeal,
Second Circuit, Number(s) 53,257-KH;
_ _ _ _ _ _
December 08, 2020
Writ application denied. See per curiam.
Hughes, J., would grant.
McCallum, J., recused.
BJJ
JLW
SJC
JTG
WJC
12/08/2020 “See News Release 047 for any Concurrences and/or Dissents.”

12/08/20
S
UPREME COURT OF LOUISIANA
No
. 20-KH-0045
S
TATE OF LOUISIANA
v.
J
AMES C. LEWIS, JR.
O
N SUPERVISORY WRITS TO THE THIRD
JUDICIAL DISTRICT COURT, PARISH OF LINCOLN
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 ma ndatory. 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.