State Of Louisiana v. Anthony Thomas Difalco

Supreme Court of Louisiana
April 03, 2024
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE OF LOUISIANA
VS.
ANTHONY THOMAS DIFALCO
No. 2023-KH-01574
_ _
_ _ _ _
I
N RE: Anthony Thomas Difalco - Applicant Defendant; Applying For Supervisory
Writ, Parish of St. Tammany, 22nd Judicial District Court Number(s) 605037, Court
of Appeal, First Circuit, Number(s) 2023 KW 0850;
_ _ _ _ _ _
April 03, 2024
Writ application denied. See per curiam.
JBM
JLW
JDH
SJC
JTG
WJC
PDG
04/03/2024 "See News Release 015 for any Concurrences and/or Dissents."

SUPREME COURT OF LOUISIANA
No. 23-KH-1574
STATE OF LOUISIANA
v.
ANTHONY THOMAS DiFALCO
ON SUPERVISORY WRITS TO THE TWENTY-SECOND
JUDICIAL DISTRICT COURT, PARISH OF ST. TAMMANY
PER CURIAM:
Denied. Applicant fails to show that he was denied the effective assistance
of counsel during plea negotiations under the standard of Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). In addition, applicant fails
to meet the requirements to assert a claim of factual innocence under La.C.Cr.P.
art. 926.2.
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 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.
04/03/24