State Of Louisiana v. David Anthony Pisani

Supreme Court of Louisiana
May 02, 2023
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE OF LOUISIANA
VS.
DAVID ANTHONY PISANI
No. 2023-KH-00116
_ _ _ _ _ _
IN R
E: David Anthony Pisani - Applicant Defendant; Applying For Supervisory
Writ, Parish of Terrebonne, 32nd Judicial District Court Number(s) 769347, Court
of Appeal, First Circuit, Number(s) 2022 KW 1125;
_ _ _ _ _ _
May 02, 2023
Writ application denied. See per curiam.
Griffin, J., concurs in the denial on the showing made.
JLW
JDH
SJC
JTG
WJC
JBM
PDG
05/02/2023 "See News Release 021 for any Concurrences and/or Dissents."

S
UPREME COURT OF LOUISIANA
No
. 23-KH-0116
S
TATE OF LOUISIANA
v.
DAVI
D ANTHONY PISANI
O
N SUPERVISORY WRITS TO THE THIRTY-SECOND
JUDICIAL DISTRICT COURT, PARISH OF TERREBONNE
PE
R CURIAM:
D
enied. By pleading guilty unconditionally, applicant waived all non-
jurisdictional defects in the proceedings leading to his conviction. State v. Crosby ,
338 So.2d 584, 586 (La. 1976). Applicant also fails to show that he was denied the
effective assistance of counsel during plea negotiations 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 his application for post-conviction relief in
state court. Similar to federal habeas rel ief, 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. Her eafter, 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.
05/02/23