State Ex Rel. Corey Miller v. State Of Louisiana

Supreme Court of Louisiana
October 05, 2021
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE EX REL. COREY MILLER
VS.
STATE OF LOUISIANA
No. 2021-KP-00305
_ _
_ _ _ _
I
N RE: Corey Miller - Applicant Defendant; Applying For Supervisory Writ, Parish
of Jefferson, 24th Judicial District Court Number(s) 02-404, Court of Appeal, Fifth
Circuit, Number(s) 20-KH-322;
_ _ _ _ _ _
October 05, 2021
Writ application denied. See per curiam.
JBM
JLW
JDH
SJC
JTG
WJC
PDG
10/05/2021 "See News Release 040 for any Concurrences and/or Dissents."

SUPREME
COURT OF LOUISIANA
No. 21-KP
-0305
STATE EX R
EL. COREY MILLER
v.
STATE OF
LOUISIANA
ON SUP
ERVISORY WRITS TO THE TWENTY-FOURTH
JUDICIAL DISTRICT COURT, PARISH OF JEFFERSON
PER CURIAM
:
Denie
d. 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). In addition, applicant fails to show the state withheld
material exculpatory evidence in violat ion of Brady v. Maryland , 373 U.S. 83, 83
S.Ct. 1194, 10 L.Ed.2d 215 (1963).
Applicant has now fully litigated two applications 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 except ions authorizing the filing of a
successive application applies, applicant has exhausted his right to state collateral
10/05/21

2

review. The district court is ordered to record a minute entry consistent with this
per curiam.