2021-KP-01697 Precedential Writ application denied. Processed

State Of Louisiana v. Randy Demond Parker

Louisiana Supreme Court · Filed February 8, 2022

Opinion text

Supreme Court of Louisiana
February 08, 2022
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE OF LOUISIANA
VS.
RANDY DEMOND PARKER
No. 2021-KP-01697
_ _ _ _
_ _
IN R
E: Randy Demond Parker - Applicant Defendant; Applying For Supervisory
Writ, Parish of East Baton Rouge, 19th Judicial District Court Number(s) 05- 512-
1147-J, Court of Appeal, First Circuit, Number(s) 2021 KW 0797;
_ _ _ _ _ _
February 08, 2022
Writ application denied. See per curiam.
Griffin, J., would grant.
JBM
JLW
JDH
SJC
JTG
WJC
02/08/2022 "See News Release 007 for any Concurrences and/or Dissents."

S
UPREME COURT OF LOUISIANA
No
. 21-KP-1697
S
TATE OF LOUISIANA
v.
RANDY DE
MOND PARKER
O
N SUPERVISORY WRITS TO THE NINETEENTH
JUDICIAL DISTRICT COURT, PARISH OF EAST BATON ROUGE
PE
R CURIAM:
D
enied. 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). Applicant also fails to show that the state withheld
material exculpatory evidence in violation of Brady v. Maryland , 373 U.S. 83, 83
S.Ct. 1194, 10 L.Ed.2d 215 (1963).
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 th at 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.
02/08/22