Rogelio Gonzalez v. Darrel Vannoy, Warden
Rogelio Gonzalez v. Darrel Vannoy, Warden, No. 2021-KH-00266 (La. Apr. 27, 2021).
Opinion text
Supreme Court of Louisiana
April 27, 2021
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
ROGELIO GONZALEZ
VS.
DARREL VANNOY, WARDEN
No. 2021-KH-00266
_ _
_ _ _ _
I
N RE: Rogelio Gonzalez - Applicant Plaintiff; Applying For Supervisory Writ,
Parish of Jefferson, 24th Judicial District Court Number(s) 11- 2706, Court of
Appeal, Fifth Circuit, Number(s) 20-KH-401;
_ _ _ _ _ _
April 27, 2021
Writ application denied. See per curiam.
JDH
JLW
SJC
JTG
WJC
JBM
PDG
04/27/2021 "See News Release 017 for any Concurrences and/or Dissents."
04/27/21
S
UPREME COURT OF LOUISIANA
No
. 21-KH-0266
S
TATE OF LOUISIANA
v.
R
OGELIO GONZALEZ
O
N SUPERVISORY WRITS TO THE TWENTY-FOURTH
JUDICIAL DISTRICT COURT, PARISH OF JEFFERSON
PE
R CURIAM:
De
nied. App licant 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 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.