Clerk of Court For the Court State Of Louisiana v. Angel Muniz

The Supreme Court of the State of Louisiana
Clerk of Court
For the Court
STATE OF LOUISIANA
VS.
ANGEL MUNIZ
No.2020-KH-00103
_ _ _ _ _ _
IN RE: Angel Muniz - Applicant Defendant; Applying For Supervisory Writ, Parish
of Desoto, 42nd Judicial District Court Number(s) 16-CR-028046, Court of Appeal,
Second Circuit, Number(s) 53,403-KH;
_ _ _ _ _ _
August 14, 2020
Writ application denied. See per curiam.
JHB
BJJ
JLW
JDH
SJC
JTG
WJC
Supreme Court of Louisiana
August 14, 2020
08/14/2020 "See News Release 029 for any Concurrences and/or Dissents."

08/14/20
S
UPREME COURT OF LOUISIANA
No
. 20-KH-0103
S
TATE OF LOUISIANA
v.
ANG
EL MUNIZ
O
N SUPERVISORY WRITS TO THE FORTY-SECOND
JUDICIAL DISTRICT COURT, PARISH OF DESOTO
PE
R CURIAM:
D
enied. Applicant fails to show that he was denied the effective assistance
of counsel during plea negotiations 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 filin g 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.