Torrey Brown v. State Of Louisiana
Torrey Brown v. State Of Louisiana, No. 2024-KH-00588 (La. Oct. 8, 2024).
Opinion text
Supreme Court of Louisiana
October 08, 2024
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
TORREY BROWN
VS.
STATE OF LOUISIANA
No. 2024-KH-00588
_ _ _ _
_ _
IN RE
: Torrey Brown - Applicant Plaintiff; Applying For Supervisory Writ, Parish
of Jefferson, 24th Judicial District Court Number(s) 08-1959, Court of Appeal, Fifth
Circuit, Number(s) 24-KH-49;
_ _ _ _ _ _
October 08, 2024
Writ application denied. See per curiam.
SJC
JLW
JDH
JTK
WJC
JBM
PDG
10/08/2024 "See News Release 045 for any Concurrences and/or Dissents."
SUPREME COURT OF LOUISIANA
No. 24-KH-0588
TORREY BROWN
v.
STATE OF LOUISIANA
ON SUPERVISORY WRITS TO THE TWENTY-FOURTH
JUDICIAL DISTRICT COURT, PARISH OF JEFFERSON
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. 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 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.
10/08/24