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