State Of Louisiana v. Joseph Michael Elie, III

Supreme Court of Louisiana
November 06, 2024
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE OF LOUISIANA
VS.
JOSEPH MICHAEL ELIE, III
No. 2024-KH-00921
_ _
_ _ _ _
IN
RE: Joseph Michael Elie, III - Applicant Defendant; Applying For Writ Of
Certiorari, Parish of Rapides, 9th Judicial District Court Number(s) 341,833, Court
of Appeal, Third Circuit, Number(s) KH 23-00461;
_ _ _ _ _ _
November 06, 2024
Writ application denied. See per curiam.
PDG
JLW
JDH
SJC
JTK
WJC
JBM
11/06/2024 "See News Release 050 for any Concurrences and/or Dissents."

SUPREME COURT OF LOUISIANA
No. 24-KH-0921
STATE OF LOUISIANA
v.
JOSEPH MICHAEL ELIE, III
ON SUPERVISORY WRITS TO THE NINTH
JUDICIAL DISTRICT COURT, PARISH OF RAPIDES
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 also fails to show that the state withheld
material exculpatory evidence in violation of Brady v. Maryland , 373 U.S. 83, 83
S.Ct. 1194, 10 L.Ed.2d 215 (1963). As to his remaining claims, 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 that article to make the procedural bars against
successive filings manda tory. 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
11/06/24

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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.