State Of Louisiana v. Edward Keith Johnson
State Of Louisiana v. Edward Keith Johnson, No. 2020-KP-00236 (La. May 14, 2020).
Opinion text
Supreme Court of Louisiana
May 14, 2020
Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE OF LOUISIANA VS.
EDWARD KEITH JOHNSON
No.2020-KP-00236
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I
N RE: Edward Keith Johnson - Applicant Defendant; Applying For Supervisory
Writ, Parish of Caddo, 1st Judicial District Court Number(s) 331421, Court of
Appeal, Second Circuit, Number(s) 53437KW;
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May 14, 2020
Writ application denied. See per curiam.
Hughes, J., would grant.
BJJ
JLW
JTG
WJC
JHB
05/14/2020 "See News Release 017 for any Concurrences and/or Dissents."
05/14/20
S
UPREME COURT OF LOUISIANA
No
. 2020-KP-00236
STA
TE OF LOUISIANA VS EDWARD KEITH JOHNSON
O
N SUPERVISORY WRIT TO THE 1ST JUDICIAL DISTRICT COURT,
PARISH OF CADDO
P
ER 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). As to his remaining claim, applicant fail s
to satisf
y 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 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.