State Of Louisiana v. J Effery Dwayne Ducote, Sr.

Supreme Court of Louisiana
November 01, 2022
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE OF LOUISIANA
VS.
J
EFFERY DWAYNE DUCOTE, SR.
No. 2022-KH-01147
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_ _ _ _
I
N RE: Jeffery Dwayne Ducote, Sr. - Applicant Defendant; Applying For
Supervisory Writ, Parish of Rapides, 9th Judicial District Court Number(s) 329,700,
Court of Appeal, Third Circuit, Number(s) KH 22-00214;
_ _ _ _ _ _
November 01, 2022
Writ application denied. See per curiam.
JTG
JLW
JDH
SJC
WJC
JBM
PDG
11/01/2022 "See News Release 047 for any Concurrences and/or Dissents."

S
UPREME COURT OF LOUISIANA
No
. 22-KH-1147
S
TATE OF LOUISIANA
v.
J
EFFERY WAYNE DUCOTE, SR.
O
N SUPERVISORY WRITS TO THE NINTH
JUDICIAL DISTRICT COURT, PARISH OF RAPIDES
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). 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 succe ssive 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 ag ainst
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.
11/01/22