2024-KP-00673 Precedential Writ application denied. Processed

Angeline Lodice v. State Of Louisiana

Louisiana Supreme Court · Filed January 14, 2025

Opinion text

Supreme Court of Louisiana
January 14, 2025
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
ANGELINE LODICE
VS.
STATE OF LOUISIANA
No. 2024-KP-00673
_ _
_ _ _ _
I
N RE: Angeline Lodice - Applicant Defendant; Applying For Supervisory Writ,
Parish of Jefferson, 24th Judicial District Court Number(s) 14- 5892, Court of
Appeal, Fifth Circuit, Number(s) 24-KH-126;
_ _ _ _ _ _
January 14, 2025
Writ application denied. See per curiam.
JDH
JLW
JTK
WJC
JBM
PDG
JMG
01/14/2025 "See News Release 001 for any Concurrences and/or Dissents."

S
UPREME COURT OF LOUISIANA
No.
24-KP-0673
A
NGELINE LODICE
v.
S
TATE OF LOUISIANA
ON
SUPERVISORY WRITS TO THE TWENTY-FOURTH
JUDICIAL DISTRICT COURT, PARISH OF JEFFERSON
P
ER CURIAM:
De
nied. Applicant fails to show that she 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 her remaining claims,
applicant fails to satisfy her post-conviction burden of proof. La.C.Cr.P. art. 930.2.
Applicant has now fully litigated her 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 she can
show that one of the narrow exceptions authorizing the filing of a successive
application applies, applicant has exhausted her right to state collateral review. The
district court is ordered to record a minute entry consistent with this per curiam.
01/14/25