2024-KP-00206 Precedential Writ application denied. Processed

State Of Louisiana v. Adrian B. Broussard

Louisiana Supreme Court · Filed September 24, 2024

Opinion text

Supreme Court of Louisiana
September 24, 2024
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE OF LOUISIANA
VS.
ADRIAN B. BROUSSARD
No. 2024-KP-00206
_ _
_ _ _ _
I
N RE: Adrian B. Broussard - Applicant Defendant; Applying For Supervisory Writ,
Parish of Terrebonne, 32nd Judicial District Court Number(s) 547- 078, Court of
Appeal, First Circuit, Number(s) 2023 KW 1083;
_ _ _ _ _ _
September 24, 2024
Writ application denied. See per curiam.
JTK
JLW
JDH
SJC
WJC
JBM
PDG
09/24/2024 "See News Release 043 for any Concurrences and/or Dissents."

SUPREME COURT OF LOUISIANA
No. 24-KP-0206
STATE OF LOUISIANA
v.
ADRIAN B. BROUSSARD
ON SUPERVISORY WRITS TO THE THIRTY-SECOND
JUDICIAL DISTRICT COURT, PARISH OF TERREBONNE
PER CURIAM:
Denied. Applicant fails to 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 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 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
09/24/24

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district court is ordered to record a minute entry consistent with this per
curiam.