Ernest Payne v. State Of Louisiana

Supreme Court of Louisiana
December 21, 2021
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
ERNEST PAYNE
VS.
STATE OF LOUISIANA
No. 2021-KP-01120
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I
N RE: Ernest Payne - Applicant Plaintiff; Applying For Supervisory Writ, Parish
of Jefferson, 24th Judicial District Court Number(s) 13-1904, Court of Appeal, Fifth
Circuit, Number(s) 21-KH-121;
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December 21, 2021
Writ application denied. See per curiam.
JLW
JDH
SJC
JTG
WJC
JBM
PDG
12/21/2021 "See News Release 051 for any Concurrences and/or Dissents."

SUPREME COURT OF LOUISIANA
No. 2021-KP-01120
ERNEST PAYNE
VS.
STATE OF LOUISIANA
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). 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 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.
12/21/21