State Of Louisiana v. Richard Wayne Barras A/ K/a Richard Barras A/k/a Richard W. Barras
State Of Louisiana v. Richard Wayne Barras A/ K/a Richard Barras A/k/a Richard W. Barras, No. 2023-KH-01156 (La. Feb. 6, 2024).
Opinion text
Supreme Court of Louisiana
February 06, 2024
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE OF LOUISIANA
VS.
RICHARD WAYNE BARRAS A/
K/A RICHARD BARRAS A/K/A
RICHARD W. BARRAS
No. 2023-KH-01156
_ _
_ _ _ _
I
N RE: Richard Wayne Barras - Applicant Defendant; Applying For Supervisory
Writ, Parish of Calcasieu, 14th Judicial District Court Number(s) 11173- VC-18,
Court of Appeal, Third Circuit, Number(s) KH 22-00555;
_ _ _ _ _ _
February 06, 2024
Stay denied. Writ application denied - See per curiam.
JLW
JDH
SJC
JTG
WJC
JBM
PDG
02/06/2024 "See News Release 007 for any Concurrences and/or Dissents."
SUPREME COURT OF LOUISIANA
No. 23-KH-1156
STATE OF LOUISIANA
v.
RICHARD WAYNE BARRAS AKA RICHARD BARRAS
AKA RICHARD W. BARRAS
ON SUPERVISORY WRITS TO THE FOURTEENTH
JUDICIAL DISTRICT COURT, PARISH OF CALCASIEU
PER CURIAM:
Stay denied. Writ 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). As to his remaining claims, applicant
fails to satisfy his post-conviction burden of proof. La.C.Cr.P. art. 930.2.
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 e nvisions the filing o f 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 tha t 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. Hereafter, unless he can
show that one of the narrow exceptions aut horizing the filing o f 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.
02/06/24