2022-KP-00087 Precedential Writ application denied. Processed

State Of Louisiana v. Richard Hudson

Louisiana Supreme Court · Filed September 6, 2023

Authorities cited

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  • 351 So. 3d 273 not in our corpus

Opinion text

Supreme Court of Louisiana
September 06, 2023
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE OF LOUISIANA
VS.
RICHARD HUDSON
No. 2022-KP-00087
_ _
_ _ _ _
IN
RE: Richard Hudson - Applicant Defendant; Applying For Supervisory Writ,
Parish of Tangipahoa, 21st Judicial District Court Number(s) 1300990, Court of
Appeal, First Circuit, Number(s) 2021 KW 1225;
_ _ _ _ _ _
September 06, 2023
Writ application denied. See per curiam.
Genovese, J., would grant in part for the reasons assigned in State v. Reddick,
2021-01893 (La. 10/21/22) 351 So.3d. 273.
Griffin, J., would grant. See State v. Reddick, 2021-01893 (La. 10/21/22) 351
So.3d. 273. (Griffin, J. dissenting).
JLW
JDH
SJC
WJC
JBM
09/06/2023 "See News Release 037 for any Concurrences and/or Dissents."

SUPREME COURT OF LOUISIANA
No. 22-KP-0087
STATE OF LOUISIANA
v.
RICHARD HUDSON
ON SUPERVISORY WRITS TO THE TWENTY-FIRST
JUDICIAL DISTRICT COURT, PARISH OF TANGIPAHOA
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). As to his remaining claim, applicant fails to show
entitlement to relief. See State v. Reddick , 2021-01893 (La. 10/21/22), 351 So.3d
273.
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.
09/06/23