2020-KP-01312 Precedential Writ application denied. Processed

Clerk of Court For the Court State Of Louisiana v. Asa Bentley

Louisiana Supreme Court · Filed February 9, 2021

Opinion text

The Supreme Court of the State of Louisiana
Clerk of Court
For the Court
STATE OF LOUISIANA
VS.
ASA BENTLEY
No.2020-KP-01312
_ _ _ _ _ _
IN RE: Asa Bentley - Applicant Defendant; Applying For Supervisory Writ, Parish
of Avoyelles, 12th Judicial District Court Number(s) 184933, Court of Appeal, Third
Circuit, Number(s) KW 19-00701;
_ _ _ _ _ _
February 09, 2021
Writ application denied. See per curiam.
JLW
JDH
SJC
WJC
JBM
PDG
Genovese, J., recused.
S
upreme Court of Louisiana
February 09, 2021
02/09/2021 "See News Release 006 for any Concurrences and/or Dissents.”

02/09/21
S
UPREME COURT OF LOUISIANA
No
. 20-KP-1312
S
TATE OF LOUISIANA
v.
A
SA BENTLEY
O
N SUPERVISORY WRITS TO THE TWELFTH
JUDICIAL DISTRICT COURT, PARISH OF AVOYELLES
PE
R 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 claim, applicant shows no lower
court error.
Applicant has now fully litigated his applicatio n 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. a rt. 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.