2020-KH-00279 Precedential Writ application denied. Processed

Clerk of Court For the Court State Of Louisiana v. Randy Lee Turner

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.
RANDY LEE TURNER
No.2020-KH-00279
_ _ _ _ _ _
IN RE: Randy Lee Turner - Applicant Defendant; Applying For Supervisory Writ,
Parish of Terrebonne, 32nd Judicial District Court Number(s) 16-FELY-717086,
Court of Appeal, First Circuit, Number(s) 2019 KW 1451;
_ _ _ _ _ _
September 08, 2020
Writ application denied. See per curiam.
SJC
JTG
WJC
JHB
Johnson, C.J., would grant.
Hughes, J., would grant.
Weimer, J., recused.
Supreme 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-0279
S
TATE OF LOUISIANA
v.
RANDY L
EE TURNER
O
N 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).
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. a rt. 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.