State Of Louisiana v. Samuel Barker
Also decided on this docket: La., November 23, 2021
State Of Louisiana v. Samuel Barker, No. 2021-KH-00705 (La. Sept. 27, 2021).
Opinion text
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.
SAMUEL BARKER
No. 2021-KH-00705
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I
N RE: Samuel Barker - Applicant Defendant; Applying For Supervisory Writ,
Parish of Orleans Criminal, Criminal District Court Number(s) 525- 837, Court of
Appeal, Fourth Circuit, Number(s) 2021-K-0161;
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September 27, 2021
Writ application denied. See per curiam.
JDH
JLW
SJC
JTG
WJC
JBM
PDG
09/27/2021 "See News Release 036 for any Concurrences and/or Dissents."
SUPREME COURT OF LOUISIANA
No. 2021-KH-00705
STATE OF LOUISIANA
v.
SAMUEL BARKER
ON SUPERVISORY WRIT TO THE CRIMINAL
DISTRICT COURT, PARISH OF ORLEANS
PER CURIAM:
Denied. Applicant fails to show that he received i neffective assistance of
counsel under the standard of Strickland v. Washington , 466 U.S. 668, 104 S.C t.
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 rel ief, 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. Her eafter, 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.
09/27/21