Clerk of Court For the Court State Of Louisiana v. Curtis Hawthorne

The Supreme Court of the State of Louisiana
Clerk of Court
For the Court
STATE OF LOUISIANA
VS.
CURTIS HAWTHORNE
No.2020-KH-00586
_ _ _ _ _ _
IN RE: Curtis Hawthorne - Applicant Defendant; Applying For Supervisory Writ,
Parish of Orleans Criminal, Criminal District Court Number(s) 517- 890, Court of
Appeal, Fourth Circuit, Number(s) 2020-K-0106;
_ _ _ _ _ _
September 29, 2020
Writ application denied. See per curiam.
JTG
JLW
JDH
SJC
WJC
JHB
Johnson, C.J., would grant and assigns reasons.
Supreme Court of Louisiana
September 29, 2020
09/29/2020 "See News Release 035 for any Concurrences and/or Dissents."

09/29/20
S
UPREME COURT OF LOUISIANA
No
. 20-KH-0586
S
TATE OF LOUISIANA
v.
CURT
IS HAWTHORNE
O
N SUPERVISORY WRITS TO THE CRIMINAL
DISTRICT COURT, PARISH OF ORLEANS
PE
R CURIAM:
D
enied. Applicant fails to show that he was denied the effective 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. 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
dstrict court is ordered to record a minute entry consistent with this per curiam.