Clerk of Court For the Court State Of Louisiana v. Michael Comery

The Supreme Court of the State of Louisiana
Clerk of Court
For the Court
STATE OF LOUISIANA
VS.
MICHAEL COMERY
No.2020-KH-00846
_ _ _ _ _ _
IN RE: Michael Comery - Applicant Defendant; Applying For Supervisory
Writ, Parish of Ascension, 23rd Judicial District Court Number(s) 27624, First
Circuit Court of Appeal, Number(s) 2020 KW 0284;
_ _ _ _ _ _
November 04, 2020
Writ application denied. See per curiam.
WJC
JLW
JDH
SJC
JTG
JHB
Supreme Court of Louisiana
November 04, 2020
11/04/2020 "See News Release 042 for any Concurrences and/or Dissents."

11/04/20
S
UPREME COURT OF LOUISIANA
No
. 20-KH-0846
MI
CHAEL COMERY
v.
DARRE
L VANNOY, WARDEN
O
N SUPERVISORY WRITS TO THE TWENTY-THIRD
JUDICIAL DISTRICT COURT, PARISH OF ASCENSION
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 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
district court is ordered to record a minute entry consistent with this per curiam.