State Of Louisiana v. Walter Rosario-colon

Supreme Court of Louisiana
March 19, 2024
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE OF LOUISIANA
VS.
WALTER ROSARIO-COLON
No. 2023-KH-01544
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I
N RE: Walter Rosario-Colon - Applicant Defendant; Applying For Supervisory
Writ, Parish of Terrebonne, 32nd Judicial District Court Number(s) 735365, Court
of Appeal, First Circuit, Number(s) 2023 KW 0741;
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March 19, 2024
Writ application denied. See per curiam.
Griffin, J., would grant and docket.
WJC
JLW
SJC
JTG
JBM
03/19/2024 "See News Release 012 for any Concurrences and/or Dissents."

SUPREME COURT OF LOUISIANA
No. 23-KH-1544
STATE OF LOUISIANA
v.
WALTER ROSARIO-COLON
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). As to his remaining claims, he fails to meet his post -
conviction burden of proof and/or the claims are repetitive. La.C.Cr.P. art. 930.2;
La.C.Cr.P. art. 930.4.
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, 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.
03/19/24