2025-KH-00019 Precedential Writ application denied. Processed

State Of Louisiana v. Richard Allen Mclendon

Louisiana Supreme Court · Filed March 18, 2025

Opinion text

Supreme Court of Louisiana
March 18, 2025
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE OF LOUISIANA
VS.
RICHARD ALLEN MCLENDON
No. 2025-KH-00019
_ _
_ _ _ _
I
N RE: Richard Allen McLendon - Applicant Defendant; Applying For Supervisory
Writ, Parish of Bossier, 26th Judicial District Court Number(s) 222,268, Court of
Appeal, Second Circuit, Number(s) 56,101-KH;
_ _ _ _ _ _
March 18, 2025
Writ application denied. See per curiam.
Hughes, J., would grant to order an evidentiary hearing.
Griffin, J., would grant to order an evidentiary hearing.
JLW
WJC
JBM
JMG
CRC
03/18/2025 "See News Release 010 for any Concurrences and/or Dissents."

SUPREME COURT OF LOUISIANA
No. 25-KH-0019
STATE OF LOUISIANA
v.
RICHARD ALLEN McLENDON
ON SUPERVISORY WRITS TO THE TWENTY-SIXTH
JUDICIAL DISTRICT COURT, PARISH OF BOSSIER
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). As to his re maining 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 limitat ions 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 de nial 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 r ecord a minute entry co nsistent with this
per curiam.
PER C