State Of Louisiana v. Jeremy X. Rachal

Supreme Court of Louisiana
November 23, 2021
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE OF LOUISIANA
VS.
JEREMY X. RACHAL
No. 2021-KH-01483
_ _
_ _ _ _
I
N RE: Jeremy Xavier Rachal - Applicant Defendant; Applying For Supervisory
Writ, Parish of Caddo, 1st Judicial District Court Number(s) 345-348, Court of
Appeal, Second Circuit, Number(s) 54,178-KH;
_ _ _ _ _ _
November 23, 2021
Writ application denied. See per curiam.
M
cCallum, J., recused.
SJC
JLW
JDH
JTG
WJC
PDG
11/23/2021 "See News Release 046 for any Concurrences and/or Dissents."

S
UPREME COURT OF LOUISIANA
No
. 21-KH-1483
S
TATE OF LOUISIANA
v.
J
EREMY X. RACHAL
O
N SUPERVISORY WRITS TO THE FIRST
JUDICIAL DISTRICT COURT, PARISH OF CADDO
PE
R CURIAM:
D
enied. Applicant fails to show that he was denied the effective assistance
of counsel during plea negotiations 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 pro of.
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 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 his 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.
11/23/2021