State Ex Rel. Alcus Smith v. State Of Louisiana

Supreme Court of Louisiana
November 21, 2023
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE EX REL. ALCUS SMITH
VS.
STATE OF LOUISIANA
No. 2023-KP-00726
_ _ _ _
_ _
IN
RE: Alcus Smith - Applicant Plaintiff; Applying For Supervisory Writ, Parish of
Jefferson, 24th Judicial District Court Number(s) 16-0951, Court of Appeal, Fifth
Circuit, Number(s) 23-KH-183;
_ _ _ _ _ _
November 21, 2023
Writ application denied. See per curiam.
JDH
JLW
SJC
JTG
WJC
JBM
PDG
11/21/2023 "See News Release 051 for any Concurrences and/or Dissents."

SUPREME COURT OF LOUISIANA
No. 23-KP-0726
STATE EX REL. ALCUS SMITH
v.
STATE OF LOUISIANA
ON SUPERVISORY WRITS TO THE TWENTY-FOURTH
JUDICIAL DISTRICT COURT, PARISH OF JEFFERSON
PER CURIAM:
Denied. Applicant fails t o 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). As to his
remaining claim, 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 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 t hat article to make the pr ocedural 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 a uthorizing 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.
11/21/2023