Irwin Gomez-colon v. Tim Hooper, Warden

Supreme Court of Louisiana
March 05, 2024
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
IRWIN GOMEZ-COLON
VS.
TIM HOOPER,
WARDEN
No. 2023-KH-01092
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I
N RE: Irwin Gomez-Colon - Applicant Plaintiff; Applying For Supervisory Writ,
Parish of Jefferson, 24th Judicial District Court Number(s) 17- 2493, Court of
Appeal, Fifth Circuit, Number(s) 23-KH-334;
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March 05, 2024
Writ application denied. See per curiam.
WJC
JLW
JDH
SJC
JTG
JBM
PDG
03/05/2024 "See News Release 010 for any Concurrences and/or Dissents."

SUPREME COURT OF LOUISIANA
No. 23-KH-1092
IRWIN GOMEZ-COLON
v.
TIM HOOPER, WARDEN
ON SUPERVISORY WRITS TO THE TWENTY-FOURTH
JUDICIAL DISTRICT COURT, PARISH OF JEFFERSON
PER CURIAM:
Denied. Applicant fails to show t hat 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 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 with in
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 thi s 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.
03/05/24