State Of Louisiana v. Marlon Carter

Supreme Court of Louisiana
January 11, 2023
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE OF LOUISIANA
VS.
MARLON CARTER
No. 2021-KH-01985
_ _ _ _
_ _
IN R
E: Marlon Carter - Applicant Defendant; Applying For Supervisory Writ, Parish
of East Baton Rouge, 19th Judicial District Court Number(s) 04 -15-0006, Court of
Appeal, First Circuit, Number(s) 2021 KW 0955;
_ _ _ _ _ _
January 11, 2023
Writ application denied. See per curiam.
Griffin, J., would grant. See State v. Reddick 2021-01893 (La. 10/21/22)
__So.3d.__. (Griffin, J. dissenting).
SJC
JLW
JDH
JTG
WJC
JBM
01/11/2023 "See News Release 001 for any Concurrences and/or Dissents."

S
UPREME COURT OF LOUISIANA
No
. 21-KH-1985
S
TATE OF LOUISIANA
v.
MARL
ON CARTER
O
N SUPERVISORY WRITS TO THE NINETEENTH
JUDICIAL DISTRICT COURT, PARISH OF EAST BATON ROUGE
PE
R CURIAM:
D
enied. Applicant 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). As to his remaining claim, applicant fails to satisfy
his post-conviction burden of proof. 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 suc cessive 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.
01/11/23