Opinion
No. 94-KH-1504
October 11, 1996
IN RE: Williams, Charles; — Defendant(s); Applying for Supervisory and/or Remedial Writ; Parish of Orleans Criminal District Court Div. "B" Number 344-968; to the Court of Appeal, Fourth Circuit, Number 93KW-2281
Writ granted in part; otherwise denied; case remanded. The district court is ordered to appoint counsel for relator and hold a hearing at which it will determine whether the failure of trial counsel to secure the presence of Louis Berlier as a witness and counsel's failure to object to hearsay testimony based on an alleged conversation with Mr. Berlier constituted ineffective assistance of counsel under the standard set out in Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). In all other respects the application is denied.
JCW
PFC
WFM
HTL
CDK
BJJ
JPV
BLEICH, J. not on panel.