Clerk of Court For the Court State Of Louisiana v. Joseph Eric Vercher
Clerk of Court For the Court State Of Louisiana v. Joseph Eric Vercher, No. 2020-KH-00631 (La. Oct. 14, 2020).
Opinion text
The Supreme Court of the State of Louisiana
Clerk of Court
For the Court
STATE OF LOUISIANA
VS.
JOSEPH ERIC VERCHER
No.2020-KH-00631
_ _ _ _ _ _
IN RE: Joseph E. Vercher - Applicant Defendant; Applying For Supervisory Writ,
Parish of Allen, 33rd Judicial District Court Number(s) CR2013- 2714, Court of
Appeal, Third Circuit, Number(s) KH 18-00688;
_ _ _ _ _ _
October 14, 2020
Writ application denied. See per curiam.
SJC
BJJ
JLW
JDH
JTG
WJC
JHB
Supreme Court of Louisiana
October 14, 2020
10/14/2020 "See News Release 039 for any Concurrences and/or Dissents."
10/14/20
S
UPREME COURT OF LOUISIANA
No
. 20-KH-0631
S
TATE OF LOUISIANA
v.
J
OSEPH ERIC VERCHER
O
N SUPERVISORY WRITS TO THE THIRTY-THIRD
JUDICIAL DISTRICT COURT, PARISH OF ALLEN
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 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 ba rs 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.