2021-KH-00644 Precedential Writ application denied. Processed

State Of Louisiana v. Shoneray O'haver

Louisiana Supreme Court · Filed June 8, 2021

Opinion text

Supreme Court of Louisiana
June 08, 2021
Second Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE OF LOUISIANA
VS.
SHONERAY O'HAVER
No.2021-KH-00644
_ _ _ _
_ _
IN R
E: Shoneray O'Haver - Applicant Defendant; Applying For Supervisory Writ,
Parish of Washington, 22nd Judicial District Court Number(s) 13 -CR8-123388,
Court of Appeal, First Circuit, Number(s) 2018 KW 0722;
_ _ _ _ _ _
June 08, 2021
Writ application denied. See per curiam.
JDH
JLW
SJC
JTG
WJC
JBM
PDG
06/08/2021 "See News Release 025 for any Concurrences and/or Dissents."

SUPREME COURT
OF LOUISIANA
No. 21-KH-0644
STATE OF LOUI
SIANA
v.
SHONERAY O’HA
VER
ON SUPERV
ISORY WRITS TO THE TWENTY-SECOND
JUDICIAL DISTRICT COURT, PARISH OF WASHINGTON
PER CURIAM:
Denied. A
pplicant 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’s remaining claims are barred by
La.C.Cr.P. art. 930.4(B), (C).
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. Ap plicant’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.
06/08/21