2023-KH-00582 Precedential Writ application denied. Processed

State Of Louisiana v. Warkaneski Brandon Scott

Louisiana Supreme Court · Filed October 17, 2023

Opinion text

Supreme Court of Louisiana
October 17, 2023
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE OF LOUISIANA
VS.
WARKANESKI BRANDON SCOTT
No. 2023-KH-00582
_ _
_ _ _ _
IN
RE: Warkaneski Brandon Scott - Applicant Defendant; Applying For
Supervisory Writ, Parish of Terrebonne, 32nd Judicial District Court Number(s)
693109, Court of Appeal, First Circuit, Number(s) 2023 KW 0047;
_ _ _ _ _ _
October 17, 2023
Writ application denied. See per curiam.
SJC
JLW
JDH
JTG
WJC
JBM
PDG
10/17/2023 "See News Release 044 for any Concurrences and/or Dissents."

SUPREME COURT OF LOUISIANA
No. 23-KH-0582
STATE OF LOUISIANA
v.
WARKANESKI BRANDON SCOTT
ON SUPERVISORY WRITS TO THE THIRTY-SECOND
JUDICIAL DISTRICT COURT, PARISH OF TERREBONNE
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 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, an d 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 collateral review. The
district court is ordered to record a minute entry consistent with this per curiam.
10/17/23