State Ex Rel. Kevin Hicks v. State Of Louisiana

Supreme Court of Louisiana
September 27, 2022
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE EX REL. KEVIN HICKS
VS.
STATE OF LOUISIANA
No. 2022-KP-00815
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I
N RE: Kevin Hicks - Applicant Plaintiff; Applying For Supervisory Writ, Parish of
Jefferson, 24th Judicial District Court Number(s) 13 -5472, Court of Appeal, Fifth
Circuit, Number(s) 22-KH-145;
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September 27, 2022
Writ application denied. See per curiam.
WJC
JLW
JDH
SJC
JTG
JBM
PDG
09/27/2022 "See News Release 042 for any Concurrences and/or Dissents."

SUPREME COURT OF LOUISIANA
No. 22-KP-0815
STATE EX REL. KEVIN HICKS
v.
STATE OF LOUISIANA
ON SUPERVISORY WRITS TO THE TWENTY-FOURTH
JUDICIAL DISTRICT COURT, PARISH OF JEFFERSON
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). In addition, a portion of the application is repetitive.
La.C.Cr.P. art. 930.4.
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 circu mstances 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.
09/27/22