State Of Louisiana v. Brian Henry Pittman
State Of Louisiana v. Brian Henry Pittman, No. 2022-KH-01387 (La. Mar. 28, 2023).
Opinion text
Supreme Court of Louisiana
March 28, 2023
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE OF LOUISIANA
VS.
BRIAN HENRY PITTMAN
No. 2022-KH-01387
_ _
_ _ _ _
I
N RE: Brian Henry Pittman - Applicant Defendant; Applying For Supervisory Writ,
Parish of St. Tammany, 22nd Judicial District Court Number(s) 584,864, Court of
Appeal, First Circuit, Number(s) 2022 KW 0378;
_ _ _ _ _ _
March 28, 2023
Writ application denied. See per curiam.
PDG
JLW
JDH
SJC
JTG
WJC
JBM
03/28/2023 "See News Release 016 for any Concurrences and/or Dissents."
S
UPREME COURT OF LOUISIANA
No
. 22-KH-1387
S
TATE OF LOUISIANA
v.
B
RIAN HENRY PITTMAN
O
N SUPERVISORY WRITS TO THE TWENTY-SECOND
JUDICIAL DISTRICT COURT, PARISH OF ST. TAMMANY
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 i n
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.
03/28/23