State Of Louisiana, Ex Rel. Damion Savage v. State Of Louisiana

Supreme Court of Louisiana
January 26, 2021
Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE OF LOUISIANA, EX REL. DAMION
SAVAGE
VS.
STATE OF LOUISIANA
No.2020-KP-00599
_ _ _ _
_ _
IN
RE: State of Louisiana, Ex Rel. Damion Savage - Applicant Plaintiff; Applying
For Supervisory Writ, Parish of Jefferson, 24th Judicial District Court Number(s)
11-1878, Court of Appeal, Fifth Circuit, Number(s) 20-KH-103;
_ _ _ _ _ _
January 26, 2021
Writ application denied. See per curiam.
Weimer, C.J., would grant and assigns reasons.
Griffin, J., would grant for the reasons assigned by Chief Justice Weimer.
WJC
JDH
SJC
JTG
JBM
01/26/2021 “See News Release 004 for any Concurrences and/or Dissents.”

S
UPREME COURT OF LOUISIANA
N
o. 20-KP-0599
S
TATE OF LOUISIANA, EX REL. DAMIEN SAVAGE
v.
S
TATE OF LOUISIANA
ON
SUPERVISORY WRITS TO THE TWENTY-FOURTH
JUDICIAL DISTRICT COURT, PARISH OF JEFFERSON
P
ER CURIAM:
D
enied. 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 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.
01/26/2021