Summary
The Louisiana Supreme Court denied Brian Massey’s application for post-conviction relief, concluding that he failed to establish ineffective assistance of counsel under Strickland v. Washington and that his remaining claims were repetitive or unsupported. The court also explained that the denial was final and that any successive application would be subject to Louisiana’s statutory limitations and procedural bars.
Holdings
- Massey failed to establish either deficient performance or prejudice under Strickland v. Washington; therefore, he was not entitled to post-conviction relief on his ineffective-assistance claims.
- The remaining claims were properly denied because they were repetitive, procedurally barred, or unsupported.
- After full litigation of an application for state post-conviction relief, a relator exhausts the right to state collateral review unless a narrow statutory exception authorizes a successive application.
Questions Presented
- Whether Massey demonstrated ineffective assistance of counsel under the Strickland standard.
- Whether Massey's remaining post-conviction claims were procedurally barred, repetitive, or unsupported.
- Whether Louisiana post-conviction procedure permits a second or successive application only under the narrow exceptions and limitations established by the Louisiana Code of Criminal Procedure.
Disposition
denied
Cases Cited (12)
- Strickland v. Washington, 466 U.S. 668 (1984)(followed)
- State v. Washington, 491 So. 2d 1337 (La. 1986)(followed)
- State v. Legrand, 2002-1462 (La. 12/3/03), 864 So. 2d 89(followed)
- State v. Soler, 93-1042 (La. App. 5 Cir. 4/26/94), 636 So. 2d 1069(followed)
- State ex rel. Roper v. Cain, 9902173 (La. App. 1st Cir. 10/26/99), 763 So. 2d 1, writ denied, 00-0975 (La. 11/17/00), 773 So. 2d 733(followed)
- State v. (Eric) Massey, 11-0347 (La. App. 5 Cir. 3/27/12), 91 So. 3d 453(followed)
- State v. Massey, 11-0358 (La. App. 5 Cir. 3/27/12), 97 So. 3d 13(followed)
- Jackson v. Virginia, 443 U.S. 307 (1979)(followed)
- Napue v. Illinois, 360 U.S. 264 (1959)(followed)
- State v. Pendleton, 96-367 (La. App. 5th Cir. 5/28/97), 696 So. 2d 144, writ denied, 97-1714 (La. 12/19/97), 706 So. 2d 450(followed)
Showing top 10 of 12.
Cited In (0)
No citing cases on record yet.
Court Document
Open PDFLoading document…