Opinion
NO. 2020-KH-0674
10-14-2020
STATE OF LOUISIANA v. PHILLIP JELKS
ON SUPERVISORY WRIT TO THE 17TH JUDICIAL DISTRICT COURT, PARISH OF LAFOURCHE CRAIN, J., concurring.
Defendant pled guilty to the subject offense. An unqualified plea of guilty waives all non-jurisdictional defects and precludes their review by appeal or post-conviction relief. State v. Crosby, 338 So. 2d 584, 588 (La. 1976). Except for allegations directed at the knowing, voluntary, and intelligent nature of the plea, all other objections are waived and not reviewable. These threshold questions should be addressed at the outset by trial courts when considering a petition for post-conviction relief filed by a party who pled guilty. Here, defendant's allegations of ineffective assistance of counsel do not concern the validity of his plea and raise no jurisdictional defects in the proceeding. For those reasons, the petition is not subject to further judicial review and was properly denied.