State Of Louisiana v. J Onathan Dewayne York

Supreme Court of Louisiana
October 01, 2021
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE OF LOUISIANA
VS.
J
ONATHAN DEWAYNE YORK
No. 2021-KH-00556
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I
N RE: Jonathan Dewayne York - Applicant Defendant; Applying For Supervisory
Writ, Parish of East Baton Rouge, 19th Judicial District Court Number(s) 05-11 -
0567, Court of Appeal, First Circuit, Number(s) 2020 KW 1319;
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October 01, 2021
Writ application denied. See per curiam.
JBM
JLW
JDH
SJC
JTG
WJC
PDG
10/01/2021 "See News Release 039 for any Concurrences and/or Dissents."

SUPREME COURT OF LOUISIANA
No. 21-KH-0556
STATE OF LOUISIANA
v.
JONATHAN DEWAYNE YORK
ON SUPERVISORY WRITS TO THE NINETEENTH
JUDICIAL DISTRICT COURT, PARISH OF EAST BATON ROUGE
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). As to his remaining claims, applicant fails to satisfy
his post-conviction burden of proof. La.C.Cr.P. art. 930.2.
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 appli cation
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.
10/01/21