State Of Louisiana v. Horatio Johnson

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.
HORATIO JOHNSON
No. 2021-KK-01469
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I
N RE: Horatio Johnson - Applicant Defendant; Applying For Supervisory Writ,
Parish of Orleans Criminal, Criminal District Court Number(s) 521,673, Court of
Appeal, Fourth Circuit, Number(s) 2021-K-0511;
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January 19, 2022
Writ application denied. See per curiam.
Genovese, J., would grant.
Griffin, J., would grant.
WJC
JLW
JDH
SJC
JBM
01/19/2022 "See News Release 003 for any Concurrences and/or Dissents."

SUPREME COURT OF LOUISIANA
No. 2021-KK-01469
STATE OF LOUISIANA
VS.
HORATIO JOHNSON
On Supervisory Writ to the Criminal District Court, Parish of Orleans
PER CURIAM:
Denied. 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 claims, 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 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 proce dural 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 su ccessive 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