State Of Louisiana v. Benjamin Lee Reed

Supreme Court of Louisiana
December 06, 2022
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE OF LOUISIANA
VS.
BENJAMIN LEE REED
No. 2022-KH-01134
_ _
_ _ _ _
I
N RE: Benjamin Lee Reed - Applicant Defendant; Applying For Supervisory Writ,
Parish of Bossier, 26th Judicial District Court Number(s) 222,254A, Court of
Appeal, Second Circuit, Number(s) 54,760-KH;
_ _ _ _ _ _
December 06, 2022
Writ application denied. See per curiam.
Hughes, J., would grant and order an evidentiary hearing.
Griffin, J., would grant and order an evidentiary hearing.
JTG
JLW
SJC
WJC
JBM
12/06/2022 "See News Release 052 for any Concurrences and/or Dissents."

S
UPREME COURT OF LOUISIANA
No
. 22-KH-1134
S
TATE OF LOUISIANA
v.
BEN
JAMIN LEE REED
O
N SUPERVISORY WRITS TO THE TWENTY-SIXTH
JUDICIAL DISTRICT COURT, PARISH OF BOSSIER
PE
R CURIAM:
De
nied. Applicant fails to show that he was denied the effective assistance
of counsel during plea negotiations 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,
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 t o 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 th e 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.
12/06/22