Opinion
No. 1999-K-1937
October 13, 2000.
IN RE: Alexis, Maurio; — Defendant; Applying for Writ of Certiorari and/or Review, Parish of St. John, 40th Judicial District Court Div. B, Nos. 94-404; to the Court of Appeal, Fifth Circuit, No. 98-KA-1145.
Denied.
JPV
CDK
CDT
JTK
CAOGERO, C.J., concurs with reasons.
LEMMON, J., would grant the writ.
JOHNSON, J., would grant the writ.
By denying the writ application, this court has essentially opted to pretermit consideration of a major issue in this case: defendant's claim that his counsel rendered ineffective assistance by failing to object when the trial court advised select defense witnesses of their Miranda rights in the presence of the jury. I concur in this denial because, as the Fifth Circuit Court of Appeal noted, the issue is one that may be raised in an application for post-conviction relief pursuant to La. Code Crim.Pro. Ann. art. 924 et seq.