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State v. Wheat

STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT
Mar 9, 2015
NO. 2014 KW 1863 (La. Ct. App. Mar. 9, 2015)

Opinion

NO. 2014 KW 1863

03-09-2015

STATE OF LOUISIANA v. NAOMI WHEAT


In Re: Naomi Wheat, applying for supervisory writs, 20th Judicial District Court, Parish of East Feliciana, No. 12-CR-507. BEFORE: GUIDRY, WELCH AND THERIOT, JJ.

WRIT GRANTED IN PART AND DENIED IN PART. Relator alleges that her attorney made several misrepresentations to her, which induced relator to plead nolo contendere. Relator asserts that if her attorney had not misrepresented facts, then she would not have pled nolo contendere and would have insisted on going to trial. The factual issues raised by relator cannot be resolved based upon the pleadings and relevant transcripts. Therefore, this writ application is granted for the sole purpose of ordering the district court to hold an evidentiary hearing for the taking of testimony or other evidence on relator's ineffective assistance of counsel claims. The district court is also ordered to appoint counsel to represent relator at the evidentiary hearing. See La. Code Crim. P. arts. 930 & 930.7(C). See also State v. Mills, 2013-0573 (La. App. 1st Cir. 8/27/14), 153 So.3d 481, 496. In all other respects, the writ application is denied.

JEW

MRT

JMG

COURT OF APPEAL, FIRST CIRCUIT /s/_________

DEPUTY CLERK OF COURT

FOR THE COURT


Summaries of

State v. Wheat

STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT
Mar 9, 2015
NO. 2014 KW 1863 (La. Ct. App. Mar. 9, 2015)
Case details for

State v. Wheat

Case Details

Full title:STATE OF LOUISIANA v. NAOMI WHEAT

Court:STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT

Date published: Mar 9, 2015

Citations

NO. 2014 KW 1863 (La. Ct. App. Mar. 9, 2015)