2021-KP-00501 Precedential Writ application denied. Processed

State Of Louisiana v. Khiri Daniels

Louisiana Supreme Court · Filed October 12, 2021

Opinion text

Supreme Court of Louisiana
October 12, 2021
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE OF LOUISIANA
VS.
KHIRI DANIELS
No. 2021-KP-00501
_ _ _ _
_ _
IN R
E: Khiri Daniels - Applicant Defendant; Applying For Supervisory Writ, Parish
of Washington, 22nd Judicial District Court Number(s) 16- CR-132313, Court of
Appeal, First Circuit, Number(s) 2021 KW 0073;
_ _ _ _ _ _
October 12, 2021
Writ application denied. See per curiam.
SJC
JLW
JDH
JTG
WJC
JBM
PDG
10/12/2021 "See News Release 041 for any Concurrences and/or Dissents."

S
UPREME COURT OF LOUISIANA
No
. 21-KP-0501
S
TATE OF LOUISIANA
v.
K
HIRI DANIELS
O
N SUPERVISORY WRITS TO THE TWENTY-SECOND
JUDICIAL DISTRICT COURT, PARISH OF WASHINGTON
PE
R CURIAM:
De
nied. Applicant fails to show tha t he was denied the effective assistance
of counsel 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.
10/12/21