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142 So. 3d 59

State v. McBroom

Louisiana Court of Appeal

Decided February 27, 2014

Louisiana Court of Appeal · decided 2014-02-27

Cited by 1 later decisions — most recently July 2017

1 state decisions

Relies on 132 S. Ct. 1309 - Martinez v. Ryan · Martinez v. Ryan · 133 S. Ct. 1911 - Trevino v. Thaler

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Decided 2014-02-27

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¶1I,WRIT DENIED.

¶2Applicant, Rickey L. McBroom, seeks review of a judgment denying his application for post-conviction relief as untimely. In arguing that his application is timely, McBroom relies on the United States Supreme Court’s decisions in Martinez v. Ryan, 566 U.S. 1, 132 S.Ct. 1309, 182 L.Ed.2d 272 (2012), and Trevino v. Thaler, — U.S. —, 133 S.Ct. 1911, 185 L.Ed.2d 1044 (2013). McBroom’s reliance on these cases is misplaced.

¶3Martinezheld that “a procedural default will not bar a federal habeas court from hearing a substantial claim of ineffective assistance at trial if, in the initial-review collateral proceeding, there was no counsel or counsel in that proceeding was ineffective.” This Court is not a federal habeas court. Thus, Martinezhas no application in this Court and does not lift the Louisiana procedural bar on untimely-filed post-conviction relief applications; it does not provide a “theretofore unknown interpretation of constitutional law” under La. C. Cr. P. art. 930.8(A)(2) that would give McBroom a right to proceed under Louisiana law despite filing outside the statutory time limitation for post-conviction relief.

¶4| -/Trevino, supra,does . not expand the application of Martinezbeyond federal habeas courts to Louisiana state courts. While Martinezarose under Arizona law which did not allow a defendant to raise an ineffective assistance claim on direct appeal, Trevinoarose under Texas law which permitted such a claim to be raised on direct appeal. However, because the Trevinocourt found that the Texas procedural framework made it highly unlikely that a *60defendant would have a meaningful opportunity to raise an ineffective assistance claim on direct appeal, the court applied the exception recognized in Martinez. Thus, Trevinoexpanded the application of the Martinezexception in federal habeas courts, but it did not create an exception under Louisiana law that would excuse the untimeliness of McBroom’s post-conviction relief application filed in a Louisiana state court. Accordingly, the instant application is untimely and is hereby denied.

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