2021-KP-01024 Precedential Writ application denied. Processed

Scott Cassard v. Jerry Goodwin, Warden

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
SCOTT CASSARD
VS.
JERRY GOODWIN, WARDEN
No. 2021-KP-01024
_ _ _ _
_ _
IN R
E: Scott Cassard - Applicant Plaintiff; Applying For Supervisory Writ, Parish
of Jefferson, 24th Judicial District Court Number(s) 17-1497, Court of Appeal, Fifth
Circuit, Number(s) 21-KH-241;
_ _ _ _ _ _
October 12, 2021
Writ application denied. See per curiam.
JBM
JLW
JDH
SJC
JTG
WJC
PDG
10/12/2021 "See News Release 041 for any Concurrences and/or Dissents."

SUPREME COURT OF LOUISIANA
No. 2021-KP-01024
SCOTT CASSARD
VS.
JERRY GOODWIN, WARDEN
On Supervisory Writ to the 24th Judicial District Court, Parish of Jefferson
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), or that he entered his guilty plea involuntarily.
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