2024-KH-01484 Precedential Writ application denied. Processed

State Of Louisiana v. Dan Robertson

Louisiana Supreme Court · Filed February 19, 2025

Opinion text

Supreme Court of Louisiana
February 19, 2025
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE OF LOUISIANA
VS.
DAN ROBERTSON
No. 2024-KH-01484
_ _
_ _ _ _
IN
RE: Dan Robertson - Applicant Defendant; Applying For Supervisory Writ,
Parish of Jefferson, 24th Judicial District Court Number(s) 21-483, Court of Appeal,
Fifth Circuit, Number(s) 24-KH-473;
_ _ _ _ _ _
February 19, 2025
Writ application denied. See per curiam.
JTK
JLW
JDH
WJC
JBM
PDG
JMG
02/19/2025 "See News Release 006 for any Concurrences and/or Dissents."

SUPREME COURT OF LOUISIANA

No. 24-KH-1484

STATE OF LOUISIANA

v.

DAN ROBERTSON

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).
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.