2020-KP-01483 Precedential Writ application denied. Processed

Darrel Vannoy, Warden, Louisiana State Penitentiary v. Timmy Doucet

Louisiana Supreme Court · Filed April 7, 2021

Opinion text

Supreme Court of Louisiana
April 07, 2021
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
DARREL VANNOY, WARDEN, LOUISIANA
STATE PENITENTIARY
VS.
TIMMY DOUCET
No.2020-KP-01483
_
_ _ _ _ _
I
N RE: Timmy W. Doucet - Applicant Defendant; Applying For Supervisory Writ,
Parish of Jefferson, 24th Judicial District Court Number(s) 15- 5654, Court of
Appeal, Fifth Circuit, Number(s) 20-KH-420;
_ _ _ _ _ _
April 07, 2021
Writ application denied. See per curiam.
JBM
JLW
JDH
SJC
JTG
WJC
PDG
04/07/2021 "See News Release 014 for any Concurrences and/or Dissents."

04/07/21
S
UPREME COURT OF LOUISIANA
N
o. 20-KP-1483
STA
TE OF LOUISIANA
DARREL VANNOY, WARDEN, LOUISIANA
STATE PENITENTIARY
VS
.
T
IMMY DOUCET
ON
SUPERVISORY WRITS TO THE TWENTY-FOURTH
JUDICIAL DISTRICT COURT, PARISH OF JEFFERSON
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).
Applicant has now fully litigated his application for post-conviction r elief 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.