2022-KH-00809 Precedential Writ application denied. Processed

State Of Louisiana v. J Effery Sanchez Smith

Louisiana Supreme Court · Filed September 27, 2022

Opinion text

Supreme Court of Louisiana
September 27, 2022
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE OF LOUISIANA
VS.
J
EFFERY SANCHEZ SMITH
No. 2022-KH-00809
_ _
_ _ _ _
I
N RE: Jeffery Sanchez Smith - Applicant Defendant; Applying For Supervisory
Writ, Parish of Bossier, 26th Judicial District Court Number(s) 219,630, Court of
Appeal, Second Circuit, Number(s) 54,662-KH;
_ _ _ _ _ _
September 27, 2022
Writ application denied. See per curiam.
WJC
JLW
JDH
SJC
JTG
JBM
PDG
09/27/2022 "See News Release 042 for any Concurrences and/or Dissents."

SUPREME COURT OF LOUISIANA
No. 22-KH-0809
STATE OF LOUISIANA
v.
JEFFERY SANCHEZ SMITH
ON SUPERVISORY WRITS TO THE TWENTY-SIXTH
JUDICIAL DISTRICT COURT, PARISH OF BOSSIER
PER CURIAM:
Denied. A pplicant 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 claims, the claims are repetitive.
La.C.Cr.P. art. 930.4.
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 mandato ry. 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.
09/27/22