State Of Louisiana v. Tressie Lucinda Newberry

Supreme Court of Louisiana
January 24, 2024
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE OF LOUISIANA
VS.
TRESSIE LUCINDA NEWBERRY
No. 2022-KP-01213
_ _
_ _ _ _
IN
RE: Tressie Newberry - Applicant Defendant; Applying For Supervisory Writ,
Parish of East Baton Rouge, 19th Judicial District Court Number(s) 09- 13-0206,
Court of Appeal, First Circuit, Number(s) 2022 KW 0333;
_ _ _ _ _ _
January 24, 2024
Writ application denied. See per curiam.
Hughes, J., would grant and docket.
Griffin, J., would grant and docket.
WJC
JLW
SJC
JTG
JBM
01/24/2024 "See News Release 004 for any Concurrences and/or Dissents."

SUPREME COURT OF LOUISIANA
No. 22-KP-1213
STATE OF LOUISIANA
v.
TRESSIE LUCINDA NEWBERRY
ON SUPERVISORY WRITS TO THE NINETEENTH
JUDICIAL DISTRICT COURT, PARISH OF EAST BATON ROUGE
PER CURIAM:
Denied. Applicant fails to show that she was denied the effective 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 her 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 she can
show that one of the narrow exceptions authorizing the filing of a successive
application applies, applicant has exhausted her right to state collateral review. The
district court is ordered to record a minute entry consistent with this per curiam.
01/24/24