2022-KP-00960 Precedential Writ application denied. Processed

State Of Louisiana v. Santiago Alonso Gonzalez, Sr.

Louisiana Supreme Court · Filed October 4, 2022

Opinion text

Supreme Court of Louisiana
October 04, 2022
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE OF LOUISIANA
VS.
SANTIAGO ALONSO GONZALEZ,
SR.
No. 2022-KP-00960
_ _ _ _
_ _
IN
RE: Santiago Alonso Gonzalez, Sr. - Applicant Defendant; Applying For
Supervisory Writ, Parish of Sabine, 11th Judicial District Court Number(s) 74690,
Court of Appeal, Third Circuit, Number(s) KW 22-00289;
_ _ _ _ _ _
October 04, 2022
Writ application denied. See per curiam.
WJC
JLW
SJC
JTG
JBM
PDG
10/04/2022 "See News Release 043 for any Concurrences and/or Dissents."

SUPREME COURT OF LOUISIANA
No. 2022-KP-00960
STATE OF LOUISIANA
VS.
SANTIAGO ALONSO GONZALEZ, SR.
On Supervisory Writ to the 11th Judicial District Court, Parish of Sabine
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). Applicant likewise fails to show that the state
withheld material exculpatory evidence in violation of Brady v. Maryland, 373 U.S.
83, 83
S.Ct. 1194, 10 L.Ed.2d 215 (1963). As to his 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 coll ateral review. The district court is
ordered to record a minute entry consistent with this per curiam.
10/04/22