State Of Louisiana v. Brandy Ailene Holmes

Supreme Court of Louisiana
November 10, 2021
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE OF LOUISIANA
VS.
BRANDY AILENE HOLMES
No. 2020-KP-00784
_ _ _ _
_ _
IN R
E: Brandy Holmes - Applicant Defendant; Applying For Supervisory Writ,
Parish of Caddo, 1st Judicial District Court Number(s) 226,819, Court of Appeal,
Second Circuit, Number(s) 53,659-KW;
_ _ _ _ _ _
November 10, 2021
Writ application denied. See per curiam.
Cr
ichton, J., recused.
McCallum, J., recused.
JLW
JDH
JTG
WJC
PDG
11/10/2021 "See News Release 044 for any Concurrences and/or Dissents."

SUPREME COURT OF LOUISIANA
No. 20-KP-0784
STATE OF LOUISIANA
v.
BRANDY AILENE HOLMES
ON SUPERVISORY WRITS TO THE FIRST
JUDICIAL DISTRICT COURT, PARISH OF CADDO
PER CURIAM:
Denied. Applicant fails to show that she r eceived 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 her remaining claims, applicant fails to satisfy
her post-conviction burden of proof. La.C.Cr.P. art. 930.2.
Applicant has now fully litigated her 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 man datory. 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 she can
show that one of the narrow exceptions authorizing the filing of a successive
application applies, applicant has exhausted her right to state collateral review. The
district court is ordered to record a minute entry consistent with this per curiam.
11/10/21