Roger Evans v. J Ason Kent, Warden

Supreme Court of Louisiana
April 12, 2022
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
ROGER EVANS
VS.
J
ASON KENT, WARDEN
No. 2021-KH-00320
_ _ _ _
_ _
IN R
E: Roger Evans - Applicant Plaintiff; Applying For Supervisory Writ, Parish of
Jefferson, 24th Judicial District Court Number(s) 13 -5032, Court of Appeal, Fifth
Circuit, Number(s) 20-KH-310;
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April 12, 2022
Writ application denied. See per curiam.
PDG
JLW
JDH
SJC
JTG
WJC
JBM
04/12/2022 "See News Release 016 for any Concurrences and/or Dissents."

SUPREME COURT OF LOUISIANA
No. 21-KH-0320
ROGER EVANS
v.
JASON KENT, WARDEN
ON SUPERVISORY WRITS TO THE TWENTY-FOURTH
JUDICIAL DISTRICT COURT, PARISH OF JEFFERSON
PER CURIAM:
Denied. 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 fo r 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 circu mstances 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 fu lly litigated in
accord with La.C.Cr.P. art. 930.6, and this denial is final. Hereafter, u nless he can
show that one of the narrow exceptions auth orizing 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.
04/12/22