2025-KH-00029 Precedential Writ application denied. Processed

State Of Louisiana v. Noel Springer

Louisiana Supreme Court · Filed April 1, 2025

Opinion text

Supreme Court of Louisiana
April 01, 2025
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE OF LOUISIANA
VS.
NOEL SPRINGER
No. 2025-KH-00029
_ _
_ _ _ _
I
N RE: Noel Lynn Springer - Applicant Defendant; Applying For Supervisory Writ,
Parish of West Baton Rouge, 18th Judicial District Court Number(s) 221389, Court
of Appeal, First Circuit, Number(s) 2024 KW 1058;
_ _ _ _ _ _
April 01, 2025
Writ application denied. See per curiam.
Hughes, J., would grant for the reasons assigned by Judge Miller.
Griffin, J., would grant.
Guidry, J., would grant for the reasons assigned by Judge Miller.
JBM
JLW
WJC
CRC
04/01/2025 "See News Release 015 for any Concurrences and/or Dissents."

SUPREME COURT OF LOUISIANA
No. 25-KH-0029
STATE OF LOUISIANA
v.
NOEL SPRINGER
ON SUPERVISORY WRITS TO THE EIGHTEENTH
JUDICIAL DISTRICT COURT, PARISH OF WEST BATON ROUGE
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
district court is ordered to record a minute entry consistent with this per curiam.