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State v. Jelks

SUPREME COURT OF LOUISIANA
Oct 14, 2020
NO. 2020-KH-0674 (La. Oct. 14, 2020)

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.


Summaries of

State v. Jelks

SUPREME COURT OF LOUISIANA
Oct 14, 2020
NO. 2020-KH-0674 (La. Oct. 14, 2020)
Case details for

State v. Jelks

Case Details

Full title:STATE OF LOUISIANA v. PHILLIP JELKS

Court:SUPREME COURT OF LOUISIANA

Date published: Oct 14, 2020

Citations

NO. 2020-KH-0674 (La. Oct. 14, 2020)