State Of Louisiana v. Ashley Heard

Supreme Court of Louisiana
April 27, 2021
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE OF LOUISIANA
VS.
ASHLEY HEARD
No. 2021-KH-00252
_ _
_ _ _ _
I
N RE: Ashley Heard - Applicant Defendant; Applying For Supervisory Writ, Parish
of East Baton Rouge, 19th Judicial District Court Number(s) 09-13-0387, 1st Circuit
Court of Appeal, Number(s) 2020 KW 0839;
_ _ _ _ _ _
April 27, 2021
Writ application denied. See per curiam.
Hughes, J., would grant.
Griffin, J., would grant.
SJC
JLW
JTG
WJC
JBM
04/27/2021 "See News Release 017 for any Concurrences and/or Dissents."

04/27/21
S
UPREME COURT OF LOUISIANA
No
. 21-KH-0252
S
TATE OF LOUISIANA
v.
A
SHLEY HEARD
O
N SUPERVISORY WRITS TO THE NINETEENTH
JUDICIAL DISTRICT COURT, PARISH OF EAST BATON ROUGE
PE
R CURIAM:
D
enied. App licant fails to show that she 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 the 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 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 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.