State Of Louisiana v. Lashawn Anthony Smith

Supreme Court of Louisiana
April 25, 2023
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE OF LOUISIANA
VS.
LASHAWN ANTHONY SMITH
No. 2022-KH-01541
_ _
_ _ _ _
I
N RE: LaShawn Anthony Smith - Applicant Defendant; Applying For Supervisory
Writ, Parish of Terrebonne, 32nd Judicial District Court Number(s) 587,665, Court
of Appeal, First Circuit, Number(s) 2022 KW 0560;
_ _ _ _ _ _
April 25, 2023
Writ application denied. See per curiam.
JBM
JLW
JDH
SJC
JTG
WJC
PDG
04/25/2023 "See News Release 020 for any Concurrences and/or Dissents."

S
UPREME COURT OF LOUISIANA
No
. 22-KH-1541
S
TATE OF LOUISIANA
v.
L
ASHAWN ANTHONY SMITH
O
N SUPERVISORY WRITS TO THE THIRTY-SECOND
JUDICIAL DISTRICT COURT, PARISH OF TERREBONNE
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 the 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 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.
04/25/23