State Of Louisiana v. Miles J. Guidry

Supreme Court of Louisiana
March 07, 2023
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE OF LOUISIANA
VS.
MILES
J. GUIDRY
No. 2022-KH-01189
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I
N RE: Miles J. Guidry - Applicant Defendant; Applying For Supervisory Writ,
Parish of Lafayette, 15th Judicial District Court Number(s) 2016-CR-156140, Court
of Appeal, Third Circuit, Number(s) KH 22-00126;
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March 07, 2023
Writ application denied. See per curiam.
JBM
JLW
JDH
SJC
JTG
WJC
PDG
03/07/2023 "See News Release 012 for any Concurrences and/or Dissents."

03/07/2023

SUPREME COURT OF LOUISIANA

No. 22-KH-1189

STATE OF LOUISIANA

v.

MILES J. GUIDRY

ON SUPERVISORY WRITS TO THE FIFTEENTH
JUDICIAL DISTRICT COURT, PARISH OF LAFAYETTE

PER CURIAM:

Denied. 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). Additionally, applicant’s sentencing claim is not
cognizable on collateral review. La.C. Cr.P. art. 930.3; State ex rel. Melinie v.
State, 93-1380 (La. 1/12/96), 665 So.2d 1172.
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. 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.