Cody Brown v. Darrel Vannoy, Warden Louisiana State Penitentiary

Supreme Court of Louisiana
January 20, 2021
Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
CODY BROWN
VS.
DARREL
VANNOY, WARDEN LOUISIANA
STATE
PENITENTIARY
No.2020-KH-00669
_ _ _ _
_ _
IN R
E: Cody Brown - Applicant Plaintiff; Applying For Supervisory Writ, Parish of
Jefferson, 24th Judicial District Court Number(s) 15- 617, Court of Appeal, Fifth
Circuit, Number(s) 20-KH-123;
_ _ _ _ _ _
January 20, 2021
Writ application denied. See per curiam.
Hughes, J., would grant.
JBM
JLW
SJC
JTG
WJC
PDG
01/20/2021 “See News Release 002 for any Concurrences and/or Dissents.”

01/20/21
S
UPREME COURT OF LOUISIANA
No
. 20-KH-0669
CO
DY BROWN
v.
DARRE
L VANNOY, WARDEN
O
N SUPERVISORY WRITS TO THE TWENTY-FOURTH
JUDICIAL DISTRICT COURT, PARISH OF JEFFERSON
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’s remaining claim is repetitive. La.C.Cr.P.
art. 930.4.
Applicant has now fully litigated his appl ication 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 ful ly 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 r eview. The
district court is ordered to record a minute entry consistent with this per curiam.