State Of Louisiana v. Colby J. Kinsey

Supreme Court of Louisiana
April 25, 2023
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE OF LOUISIANA
VS.
COLBY J. KINSEY
No. 2023-KH-00144
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I
N RE: Colby J. Kinsey - Applicant Defendant; Applying For Supervisory Writ,
Parish of Iberia, 16th Judicial District Court Num ber(s) 17 -CR-493, Court of
Appeal, Third Circuit, Number(s) KH 22-00421;
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April 25, 2023
Writ application denied. See per curiam.
PDG
JLW
JDH
SJC
JTG
WJC
JBM
04/25/2023 "See News Release 020 for any Concurrences and/or Dissents."

SUPREME COURT OF LOUISIANA
No. 23-KH-0144
STATE OF LOUISIANA
v.
COLBY J. KINSEY
ON SUPERVISORY WRITS TO THE SIXTEENTH
JUDICIAL DISTRICT COURT, PARISH OF IBERIA
PER CURIAM:
Denied. Applicant fails to show that he r eceived 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 has now fully litigated his application for post -conviction relief in
state court. Similar to federal h abeas 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 f inal. 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.
04/25/23