State ex rel. McGary v. State
State ex rel. McGary v. State
Opinion of the Court
j denied. Relator fails to show entitlement to DNA testing. La.C.Cr.P. art. 926.1. Relator’s claim that he received ineffective assistance of counsel was not timely filed in the district court, and relator fails to carry his burden to show that an exception applies. La.C.Cr.P. art. 930.8; State ex rel. Glover v. State, 93-2330 (La. 9/5/95), 660 So.2d 1189. Regardless, relator fails to show 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).
Relator has now fully litigated five applications 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 limita
Case-law data current through December 31, 2025. Source: CourtListener bulk data.