State Of Louisiana v. Stanley Berniard

Supreme Court of Louisiana
September 27, 2021
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE OF LOUISIANA
VS.
STANLEY BERNIARD
No. 2020-KP-00444
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I
N RE: Stanley Berniard - Applicant Defendant; Applying For Supervisory Writ,
Parish of Orleans Criminal, Orleans Criminal District Court Number(s) 505- 697,
Court of Appeal, Fourth Circuit, Number(s) 2020-K-0104;
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September 27, 2021
Writ application denied. See per curiam.
JTG
JLW
JDH
SJC
WJC
JBM
PDG
09/27/2021 "See News Release 036 for any Concurrences and/or Dissents."

SUPREME COURT OF LOUISIANA
No. 20-KP-0444
STATE OF LOUISIANA
v.
STANLEY BERNIARD
ON SUPERVISORY WRITS TO THE CRIMINAL
DISTRICT COURT, PARISH OF ORLEANS
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). 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 nar row 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.
09/27/21