2022-KH-01174 Precedential Writ application denied. Processed

Roy R. Dixon v. Tim Hooper, W Arden

Louisiana Supreme Court · Filed January 11, 2023

Opinion text

Supreme Court of Louisiana
January 11, 2023
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
ROY R. DIXON
VS.
TIM HOOPER, W
ARDEN
No. 2022-KH-01174
_ _
_ _ _ _
I
N RE: Roy R. Dixon - Applicant Plaintiff; Applying For Supervisory Writ, Parish
of Jefferson, 24th Judicial District Court Number(s) 13-569, Court of Appeal, Fifth
Circuit, Number(s) 22-KH-227;
_ _ _ _ _ _
January 11, 2023
Writ application denied. See per curiam.
JLW
SJC
JTG
WJC
JBM
PDG
01/11/2023 "See News Release 001 for any Concurrences and/or Dissents."

S
UPREME COURT OF LOUISIANA
No
. 22-KH-1174
RO
Y R. DIXON
v.
T
IM HOOPER, WARDEN
O
N SUPERVISORY WRITS TO THE TWENTY-FOURTH
JUDICIAL DISTRICT COURT, PARISH OF JEFFERSON
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 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. 9 30.6, 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.
01/11/23