State Of Louisiana v. Shelley Davis
State Of Louisiana v. Shelley Davis, No. 2024-KP-00721 (La. Jan. 28, 2025).
Opinion text
Supreme Court of Louisiana
January 28, 2025
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE OF LOUISIANA
VS.
SHELLEY DAVIS
No. 2024-KP-00721
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I
N RE: Shelley Davis - Applicant Defendant; Applying For Supervisory Writ, Parish
of Orleans Criminal, Criminal District Court Number(s) 515-970, Court of Appeal,
Fourth Circuit, Number(s) 2024-K-0229;
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January 28, 2025
Writ application denied. See per curiam.
JBM
JLW
JTK
WJC
PDG
JMG
01/28/2025 "See News Release 002 for any Concurrences and/or Dissents."
SUPREME COURT OF LOUISIANA
No. 24-KP-0721
STATE OF LOUISIANA
v.
SHELLEY DAVIS
ON SUPERVISORY WRITS TO THE CRIMINAL
DISTRICT COURT, PARISH OF ORLEANS
PER CURIAM:
Denied. Applicant fails to show that she 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 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.
01/28/25