State Of Louisiana v. Frank Bratton

Supreme Court of Louisiana
September 27, 2021
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE OF LOUISIANA
VS.
FRANK BRATTON
No. 2021-KH-00509
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I
N RE: Frank Bratton - Applicant Defendant; Applying For Supervisory Writ, Parish
of Bossier, 26th Judicial District Court Number(s) 200,472, Court of Appeal, Second
Circuit, Number(s) 53,974-KH;
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September 27, 2021
Writ application denied. See per curiam.
M
cCallum, J., recused.
PDG
JLW
JDH
SJC
JTG
WJC
09/27/2021 "See News Release 036 for any Concurrences and/or Dissents."

SUPREME COURT OF LOUISIANA
No. 2021-KH-00509
STATE OF LOUISIANA
v.
FRANK BRATTON
ON SUPERVISORY WRIT TO THE TWENTY-SIXTH
JUDICIAL DISTRICT COURT, PARISH OF BOSSIER
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 two applications for post -conviction relief
in state court. Similar to fed eral 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 L a.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 denia l 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 con sistent with this
per curiam.
09/27/21