Clerk of Court For the Court State Of Louisiana v. Alcus Smith

The Supreme Court of the State of Louisiana
Clerk of Court
For the Court
STATE OF LOUISIANA
VS.
ALCUS SMITH
No.2020-KH-00621
_ _ _ _ _ _
IN RE: Alcus Smith - Applicant Defendant; Applying For Supervisory Writ, Parish
of Jefferson, 24th Judicial District Court Number(s) 15-1144, Court of Appeal, Fifth
Circuit, Number(s) 20-KH-00036;
_ _ _ _ _ _
September 29, 2020
Writ application denied. See per curiam.
JDH
JLW
SJC
JTG
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-0621
AL
CUS SMITH
v.
DARRE
L VANNOY, WARDEN
O
N SUPERVISORY WRITS TO THE TWENTY-FOURTH
JUDICIAL DISTRICT COURT, PARISH OF JEFFERSON
PE
R CURIAM:
De
nied. 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). As to his remaining claim, 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 s uccessive 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 bar s 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.