2021-KH-00957 Precedential Writ application denied. Processed

Larry Thompson v. Darrell Vannoy

Louisiana Supreme Court · Filed November 10, 2021

Opinion text

Supreme Court of Louisiana
November 10, 2021
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
LARRY THOMPSON
VS.
DARRELL VANNOY
No. 2021-KH-00957
_ _ _ _
_ _
IN R
E: Larry Thompson - Applicant Plaintiff; Applying For Supervisory Writ,
Parish of St. Charles, 29th Judicial District Court Number(s) 16,449, Court of
Appeal, Fifth Circuit, Number(s) 21-KH-265;
_ _ _ _ _ _
November 10, 2021
Writ application denied. See per curiam.
WJC
JLW
JDH
SJC
JTG
JBM
PDG
11/10/2021 "See News Release 044 for any Concurrences and/or Dissents."

SUPREME COURT OF LOUISIANA
No. 21-KH-0957
LARRY THOMPSON
v.
DARREL VANNOY, WARDEN
ON SUPERVISORY WRITS TO THE TWENTY-NINTH
JUDICIAL DISTRICT COURT, PARISH OF ST. CHARLES
PER CURIAM:
Denied. Applicant fails to show that he was denied the effective 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 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. 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.
11/10/21