2025-KH-00222 Precedential Writ application denied. Processed

Lanard Lavigne v. State Of Louisiana

Louisiana Supreme Court · Filed May 6, 2025

Opinion text

Supreme Court of Louisiana
May 06, 2025
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
LANARD LAVIGNE
VS.
STATE OF LOUISIANA
No. 2025-KH-00222
_ _
_ _ _ _
IN
RE: Lanard Lavigne - Applicant Plaintiff; Applying For Supervisory Writ, Parish
of Jefferson, 24th Judicial District Court Number(s) 18-6525, Court of Appeal, Fifth
Circuit, Number(s) 24-KH-403;
_ _ _ _ _ _
May 06, 2025
Writ application denied. See per curiam.
Hughes, J., would grant in part.
JBM
JLW
WJC
PDG
JMG
CRC
05/06/2025 "See News Release 021 for any Concurrences and/or Dissents."

SUPREME COURT OF LOUISIANA
No. 25-KH-0222
LANARD LAVIGNE
v.
STATE OF LOUISIANA
ON SUPERVISORY WRITS TO THE TWENTY-FOURTH
JUDICIAL DISTRICT COURT, PARISH OF JEFFERSON
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 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.