2020-KP-00534 Precedential Writ application denied. Processed

State Of Louisiana v. Rogers Lacaze

Louisiana Supreme Court · Filed October 5, 2021

Opinion text

Supreme Court of Louisiana
October 05, 2021
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE OF LOUISIANA
VS.
ROGERS LACAZE
No. 2020-KP-00534
_ _
_ _ _ _
I
N RE: Rogers Lacaze - Applicant Defendant; Applying For Supervisory Writ,
Parish of Orleans Criminal, Criminal District Court Number(s) 375- 992, Court of
Appeal, Fourth Circuit, Number(s) 2020-K-0035;
_ _ _ _ _ _
October 05, 2021
Writ application denied. See per curiam.
JDH
JLW
SJC
JTG
WJC
JBM
PDG
10/05/2021 "See News Release 040 for any Concurrences and/or Dissents."

SUPREME
COURT OF LOUISIANA
No. 20-KP
-0534
STATE OF
LOUISIANA
v.
ROGE
RS LACAZE
ON SUP
ERVISORY WRITS TO THE CRIMINAL
DISTRICT COURT, PARISH OF ORLEANS
PER CURIAM
:
Denie
d. Applicant fails to show that he received ine ffective 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 also fails to show that the state withheld
material exculpatory evidence in violation of Brady v. Maryland, 373 U.S. 83, 83
S.Ct. 1194, 10 L.Ed.2d 215 (1963). 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 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
10/05/21

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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.