BANKS v. VANNOY (2021)

Supreme Court of Louisiana.2021-12-21No. No. 2021-KH-01033

Summary · law.co

Holding. The writ application is denied. The applicant has exhausted his right to state collateral review and may not file successive post-conviction applications except under narrow statutory exceptions.

The applicant sought post-conviction relief, claiming ineffective assistance of counsel and raising other claims. The court found that the applicant failed to satisfy the requirements needed to prove ineffective counsel under the established standard and likewise failed to meet the burden of proof for his remaining claims.

The court emphasized that the applicant has now completed the full litigation of his post-conviction relief application in state court. Because Louisiana law restricts successive post-conviction filings to narrow exceptions, and the legislature made these procedural bars mandatory, the applicant has exhausted his right to pursue further state-level collateral review unless he can demonstrate that one of the statutory exceptions applies.

Summary generated by law.co from the public-domain opinion. The opinion text itself is public domain.

Key issues

Whether applicant received ineffective assistance of counsel under Strickland standard
Whether applicant met post-conviction burden of proof on remaining claims
Whether applicant may file successive post-conviction applications under Louisiana law

Procedural posture

The applicant sought post-conviction relief in state court, which was denied on the merits; this decision concludes that collateral review has been exhausted.

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion · public domain

Writ application denied. See 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. Applicants 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.