State Of Louisiana v. Arthur Breaux

Supreme Court of Louisiana
September 04, 2024
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE OF LOUISIANA
VS.
ARTHUR BREAUX
No. 2024-KH-00610
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I
N RE: Arthur Breaux - Applicant Defendant; Applying For Supervisory Writ,
Parish of West Baton Rouge, 18th Judicial District Court Number(s) 190086, Court
of Appeal, First Circuit, Number(s) 2024 KW 0095;
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September 04, 2024
Writ application denied. See per curiam.
Hughes, J., would grant.
Griffin, J., would grant.
WJC
JLW
SJC
JTK
JBM
09/04/2024 "See News Release 040 for any Concurrences and/or Dissents."

SUPREME COURT OF LOUISIANA
No. 24-KH-0610
STATE OF LOUISIANA
v.
ARTHUR BREAUX
ON SUPERVISORY WRITS TO THE EIGHTEENTH
JUDICIAL DISTRICT COURT, PARISH OF WEST BATON ROUGE
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). Applicant’s remaining claim is repetitive. 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.
09/04/24