State Of Louisiana v. Don Flemings

Supreme Court of Louisiana
November 03, 2021
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE OF LOUISIANA
VS.
DON FLEMINGS
No. 2020-KP-00446
_ _
_ _ _ _
I
N RE: Don Flemings - Applicant Defendant; Applying For Supervisory Writ, Parish
of Orleans Criminal, Orleans Criminal District Court Number(s) 501-934, Court of
Appeal, Fourth Circuit, Number(s) 2020-K-0117;
_ _ _ _ _ _
November 03, 2021
Writ application denied. See per curiam.
Griffin, J., would grant.
JLW
JDH
SJC
JTG
WJC
JBM
11/03/2021 "See News Release 043 for any Concurrences and/or Dissents."

SUPRE
ME COURT OF LOUISIANA
No.
20-KP-0446
STA
TE OF LOUISIANA
v.
DON FL
EMINGS
ON SU
PERVISORY WRITS TO THE CRIMINAL
DISTRICT COURT, PARISH OF ORLEANS
PER CURI
AM:
De
nied. Applicant fails to show that he received inef fective 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. Hereaf ter, 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.
11/03/21