STATE v. BERGERON (2021)

Supreme Court of Louisiana.2021-04-20No. No. 2021-KH-00288

Summary · law.co

Holding. The writ application was denied. The applicant failed to establish ineffective assistance of counsel under the applicable legal standard and failed to meet his burden of proof on remaining claims, and the court determined that the applicant has exhausted his right to state collateral review.

The applicant sought post-conviction relief arguing ineffective assistance of counsel and raising other claims. The court found that the applicant failed to meet the legal standard for proving ineffective assistance of counsel established by federal precedent, and also failed to satisfy the burden of proof required under Louisiana's post-conviction procedures for his remaining claims.

The court emphasized that the applicant has now exhausted his opportunity for post-conviction relief in state court through the available mechanism. Louisiana law imposes mandatory procedural barriers against filing successive post-conviction applications, with only narrow exceptions permitted. Unless the applicant can demonstrate that one of these limited exceptions applies, he has completed his state collateral review process.

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
Satisfaction of post-conviction burden of proof on remaining claims
Finality and exhaustion of state collateral review remedies
Procedural bars against successive post-conviction applications

Procedural posture

The applicant filed a post-conviction relief application in state court, which was denied after full litigation of his claims.

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.