Opinion
NO. 2014 KW 1818
02-23-2015
STATE OF LOUISIANA v. RENALDO CLAIBORNE
In Re: Renaldo Claiborne, applying for supervisory writs, 23rd Judicial District Court, Parish of Ascension, No. 24627. BEFORE: PETTIGREW, DRAKE AND CHUTZ, JJ.
WRIT DENIED. The documents attached to the writ application do not support relator's claim that he did not knowingly and intelligently waive his right to a jury trial. See La. Code Crim. P. art. 930.2. Furthermore, unless required in the interest of justice, any claim for relief which was fully litigated in an appeal from the proceedings leading to the judgment of conviction and sentence shall not be considered. La. Code Crim. P. art. 930.4(A). An appellate court itself may invoke the mandatory procedural bar of Article 930.4(A). Carlin v. Cain, 97-2390 (La. 3/13/98), 706 So.2d 968 (per curiam). Relator's second, third, and fourth postconviction claims were disposed of on appeal. Therefore, the district court did not err by not reconsidering these claims in the postconviction proceedings. Accordingly, the district court did not err by denying the application for postconviction relief.
JTP
EGD
WRC
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT