2020-KH-01303 Precedential Writ application denied. Processed

State Of Louisiana v. Quincy Joseph Gaudet

Louisiana Supreme Court · Filed March 16, 2021

Opinion text

Supreme Court of Louisiana
March 16, 2021
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE OF LOUISIANA
VS.
QUINCY JOSEPH GAUDET
No.2020-KH-01303
_ _
_ _ _ _
I
N RE: Quincy J. Gaudet - Applicant Defendant; Applying For Supervisory Writ,
Parish of Terrebonne, 32nd Judicial District Court Number(s) 15-FELY-700751, 1st
Circuit Court of Appeal, Number(s) 2020-KW-0382;
_ _ _ _ _ _
March 16, 2021
Writ application denied. See per curiam.
W
eimer, C. J., recused.
WJC
JDH
SJC
JTG
JBM
PDG
03/16/2021 "See News Release 010 for any Concurrences and/or Dissents."

SUPREME COURT OF LOUISIANA
No. 20-KH-1303
STATE OF LOUISIANA
v.
QUINCY JOSEPH GAUDET
ON SUPERVISORY WRITS TO THE THIRTY-SECOND
JUDICIAL DISTRICT COURT, PARISH OF TERREBONNE
PER CURIAM:
Denied. 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 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.
03/16/21