STATE OF LOUISIANA v. TRABILLION HAWTHORNE (2024)

Writ application denied. See per curiam.

JBM

JLW

JDH

JTK

PDG

Supreme Court of Louisiana November 27, 2024

11/27/2024

SUPREME COURT OF LOUISIANA

November 27, 2024

No. 24-KH-1233

STATE OF LOUISIANA

v.

TRABILLION HAWTHORNE

ON SUPERVISORY WRITS TO THE FIRST JUDICIAL DISTRICT COURT, PARISH OF CADDO

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).

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.

Crain, J., concurs in the denial and assigns reasons. Crichton, J., recused.