2021-KH-01556 Precedential Writ application denied. Processed

State Of Louisiana v. Antonio Boyd

Louisiana Supreme Court · Filed January 19, 2022

Opinion text

Supreme Court of Louisiana
January 19, 2022
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE OF LOUISIANA
VS.
ANTONIO BOYD
No. 2021-KH-01556
_ _
_ _ _ _
I
N RE: Antonio Boyd - Applicant Defendant; Applying For Supervisory Writ, Parish
of Rapides, 9th Judicial District Court Number(s) 328056, Court of Appeal, Third
Circuit, Number(s) KH 20-00490;
_ _ _ _ _ _
January 19, 2022
Writ application denied. See per curiam.
JDH
JLW
SJC
JTG
WJC
JBM
PDG
01/19/2022 "See News Release 003 for any Concurrences and/or Dissents."

SUPREME COURT OF LOUISIANA
No. 21-KH-1556
STATE OF LOUISIANA
v.
ANTONIO BOYD
ON SUPERVISORY WRITS TO THE NINTH
JUDICIAL DISTRICT COURT, PARISH OF RAPIDES
PER CURIAM:
Denied. Applicant fails to show that he was den ied 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).
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.
01/19/22