2023-KH-01276 Precedential Writ application denied. Processed

State Of Louisiana v. Kenneth Jackson

Louisiana Supreme Court · Filed January 24, 2024

Opinion text

Supreme Court of Louisiana
January 24, 2024
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE OF LOUISIANA
VS.
KENNETH JACKSON
No. 2023-KH-01276
_ _
_ _ _ _
IN
RE: Kenneth Jackson - Applicant Defendant; Applying For Supervisory Writ,
Parish of Iberville, 18th Judicial District Court Number(s) 512924, Court of Appeal,
First Circuit, Number(s) 2023 KW 0542;
_ _ _ _ _ _
January 24, 2024
Writ application denied. See per curiam.
Hughes, J., would grant.
PDG
JLW
SJC
JTG
WJC
JBM
01/24/2024 "See News Release 004 for any Concurrences and/or Dissents."

S
UPREME COURT OF LOUISIANA
No.
23-KH-1276
STA
TE OF LOUISIANA
v.
KEN
NETH JACKSON
ON
SUPERVISORY WRITS TO THE EIGHTEENTH
JUDICIAL DISTRICT COURT, PARISH OF IBERVILLE
P
ER CURIAM:
De
nied. 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 envisions the filing of a second or s uccessive 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 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.
01/24/24