State Of Louisiana v. Curtis Cheley

Supreme Court of Louisiana
September 06, 2023
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE OF LOUISIANA
VS.
CURTIS CHELEY
No. 2023-KH-00481
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I
N RE: Curtis Cheley - Applicant Defendant; Applying For Supervisory Writ, Parish
of Vernon, 30th Judicial District Court Number(s) 89944, Court of Appeal, Third
Circuit, Number(s) KH 22-00457;
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September 06, 2023
Writ application denied. See per curiam.
SJC
JLW
JDH
JTG
WJC
JBM
PDG
09/06/2023 "See News Release 037 for any Concurrences and/or Dissents."

SUPREME COURT OF LOUISIANA
No. 23-KH-0481
STATE OF LOUISIANA
v.
CURTIS CHELEY
ON SUPERVISORY WRITS TO THE THIRTIETH
JUDICIAL DISTRICT COURT, PARISH OF VERNON
PER CURIAM:
Denied. Applicant fails to show that he 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 his application for post -conviction relief in
state court. Similar to federa l 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 i s 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.
09/06/23